SHIVANI AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner, who has appeared in Post Graduate Medical Entrance Examination, 1995, hereinafter referred to as the P.G.M.E.E 1995 and qualified in the said examination, but according to her was illegally bypassed and deprived of an opportunity of the allotment of post graduate medical courses/college, according to her ranking, filed the present petition for issuanceof a writ, order or direction of suitable nature under Art. 226 of the Constitution of India, calling for the record of the counsellings of the post graduate medical examination, 1995 held on 28-2-1996, 31-5-1996 and 5-7-1996, quash the same and direct the respondents to conduct the counselling again. Alternatively, she prays for a writ, order or direction in the nature of a mandamus commanding the respondents to allot a post graduate course to her in Radio Diagnosis or M.D. Gynecology or M.D. Pediatrics or M.D.S.P.M. or M.S. General Surgery, if necessary after creating an additional seat. Prayer to declare para G(iv) of Information Brochure of P.G.M.E.E. 1995 (Annexure-3 to the writ petition) to be violative of the Arts. 14, 16, 19 and 21 of the Constitution of India has also been made, inasmuch as, the same does not provide for proper and effective mode of service of notices upon the candidates fixing the date and place of counselling.

(2.) The facts of the case, giving rise to the present petition, in brief, are that the petitioner passed her class XII, C.B.S.C. Examination 1986 and obtained degree of M.B.B.S . in the year 1992. Thereafter, she completed one year's internship from 4-9-1992 to 3-9-1993 successfully and a certificate of Medical Registration was also issued in her favour, as it is apparent from Annexures-1 and 2 to the writ petition. Vide Government Order dated 28-9-1994 the State Govt. authorised L.L.R.M. Medical College for conducting entrance examination for post graduate medical courses in all Allopathy Medical Colleges of the State of U.P. for the year 1995. The Principal of the said college was designated as co-ordinator in the said examination petitioner also applied for appearing in the said examination as a general category candidate. She was assigned roll No. 702. Thereafter, she appeared in the said examination, result of which was declared in April, 1995. In which 1004 candidates qualified. The petitioner also qualified in the said examination and was placed at serial No. 368 in the merit list and after adjusting the reserved category candidates, she was placed at serial No. 406.

(3.) First Counselling of general category candidates of the said examination was held on 11-10-1995 in which the candidates from serial No. 1 to 356 were considered for the allotment of the post graduate course. Second counselling was conducted on 8-12-1995 in which candidates upto serial No. 373 of general category were considered for allotment. Third counselling of P.G.M.E.E. 1995 was directed to be held on 28-2-1996 as it is evident from the letter of Director General (contained in Annexure IV to the writ petition). However, one Vikram Agarwal filed Civil Misc. Writ Petition No. 198 of 1996 in which the counselling scheduled to be held on 28-2-1996 was stayed, but the1 stay order was vacated before the said date. It was on 23-5-1996 that fourth counselling of the said examination was directed to be held on 31-5-1996, Fifth and last counselling is alleged to have been held on 5-7-1996 at Lucknow and not at Meerut. In the order dated 21-6-1996, contained in Annexure VII to the writ petition, no reason for the change of the place venue of the counselling was, however, disclosed. Petitioner appeared in the first and second counsellings held on 11-10-1995 and 8-12-1995 but thereafter could not have any notice or knowledge about the dates, time and places of the counsellings, consequently, could not appear in the said counsellings and the candidates, who were lower in ranking to the petitioner were allotted the subjects and colleges of their choice.