SURABHI RAI Vs. STATE OF U P

JUDGEMENT

(1.) BY this writ petition the petitioner, Dr. Surabhi Rai has prayed for a writ of direction in the nature of mandamus directing the respondents to admit the petitioner in the First Year Residency Course, 1989 in the subject of Obstetrics and Gynaecology in Moti Lal Nehru Medical College, Allahabad (hereinafter referred to as the Medical College) after correcting the merit index of the petitioner in accordance with the statutory Notification dated 15-12-1982.

(2.) FOR completing the M.B.B.S. course a candidate has to appear successfully in three professional examinations. The petitioner passed the first professional examination in November, 1983. In the second professional examination held in November, 1985, petitioner did not appear in two subjects of FORensic Medicine and Community Medicine and in other two papers of Pathology-Microbiology and Pharmacology petitioner appeared only in second paper and theory paper respectively. It is alleged by the petitioner that as due to illness, she could not appear in first paper, oral and practical test of Pathology-Microbiology and oral and clinical test of Pharmacology, she was permitted in subsequent supplementary examination held in April, 1986 in the aforesaid four subjects in which she passed. The petitioner appeared in third professional examination successfully in November, 1987 in which year the petitioner was declared to have passed M.B.B.S. final examination. After completing the M.B.B.S. course the petitioner completed one year internship and thereafter was registered as a qualified doctor with the Medical Council. Subsequently she joined House manship in Obstetrics and Gynaecology in Kamla Nehru Memorial Hospital, Allahabad and worked there for about seven months.