VIVEK GOEL Vs. STATE OF U P

JUDGEMENT

(1.) BRIJESH Kumar, J. In all the above noted writ petitions, the question involved for consideration is the same. Hence they are being disposed of by one order.

(2.) HEARD learned counsel for the petitioners as well as learned State Counsel and Sri Sandip Dixit who has put in ap pearance on behalf of Director General, Medical Education and Training as well as on behalf of Agra Medical College. The parties have also exchanged their affidavits. Therefore, with the agreement of the learned counsel for the parties, the writ petitions are being finally disposed of.

(3.) A perusal of clause (3) of the Scheme also indicates that Junior Residen cy is almost a part of the course of the Post Graduate Education which appears to have been provided with a view to improve the Post-Graduate Education and Training. The period of Junior Residency, it appears begins and ends with the course of M. D. , M. S. or Post Graduate Diploma Course. Therefore, period of Training as Junior Resident spent in other subjects, as wrong fully allotted, than in which the student is pursuing his course of study cannot be made a part of the Post-Graduate Education un dertaken by the students on correct allot ments. The whole course has to be gone through afresh in the particular speciality and the period spent in pursuing a different course cannot be adjusted in the new course. Therefore, we find no force in the conten tion raised on behalf of the opposite parties that since they had been paid their stipends in the earlier course which was being pur sued due to wrong allocation of subject of study, the same be adjusted in the new course. In the new course the subject of study as well as Practical Training as Junior Resident has to be in the same discipline or speciality. In view of the above, we are of the view that a student cannot be denied stipend admissible as Junior Resident while pursu ing the course of M. D. , M. S. and Post-Graduate Diploma, during the prescribed period.