LAVELINA CHAWLA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners, who have completed the MBBS Course from Lucknow University have prayed for the issue of a writ in the nature of mandamus commanding the opposite parties to admit them into the Junior Residency Scheme of Post Graduate Classes in KGMC on the basis of merit list prepared by them. It was further prayed that a writ in the nature of mandamus be issued to the opposite parties commanding them to strike down clause IV (Kha) of the Government Order dated 22-8-1989 contained in annexure No.11.

(2.) Clause IV(Kha) of the impugned Government Order stipulates that only those students of MBBS would be eligible for 75% quota, who had got admission into MBBS through CPMT examination conducted by the State Government. It was further provided that those students, who had been transferred from one Medical College to another Medical College within the State would be treated as students of the Medical College from where they had completed their last two professional examinations.

(3.) The petitioner of Writ Petition No.8204 of 1989 appeared in the Pre-Medical Test conducted by Aligarh Muslim University and thereby secured her admission in Jawahar Lal Nehru Medical College, Aligarh, University Aligarh. She completed her first professional examination in June, 1985. Thereafter upon an application preferred by her, the State of Uttar Pradesh by its order dated 18-7-85 transferred the petitioner from Jawahar Lal Nehru Medical College, Aligarh to K. G. M. C., Lucknow in the first term as professional course. The petitioner thereafter completed her professional MBBS course in the year 1988.