UNIVERSITY OF HEALTH SCIENCES Vs. A SUDHAKAR

JUDGEMENT

(1.) These four Writ Appeals arise from a common judgment of a learned single Judge, allowing the writ petitions in part. The appeals are preferred by the University of Health Sciences, the sole respondent in the writ petitions. The main question in these Writ Appeals relates to the interpretation to be placed on Rule 6 of the Rules governing admission to Post- Graduate Medical Courses, and its validity.

(2.) Since the coming into being of the University of Health Sciences, the Rules governing admissions are being issued by the University. The competence of the University to issue these Rules is not questioned in these writ petitions, and we would, therefore, not express any opinion on the competence of the University to issue these Rules. We are saying this because a doubt was expressed by a learned single Judge, Upendralal Waghray, J. in his judgment dated 26-7-1988 in W.P. No. 3457/88, and batch. The learned Judge noticed that prior to the enactment of Act 5 of 1983, the Rules governing admissions to Medical Courses and Post Graduate Medical Courses were being issued by the Government in exercise of its executive power; but that, after the coming into force of the said Act, the Government has been framing Rules in exercise of the rule-making power conferred upon it by the said Act, regulating admissions to these courses. After the University of Health Sciences was established by Act 6 of 1986, however, the University seems to have been issuing these Rules. The learned Judge wondered how the Government has lost its authority to frame Rules under Act 5 of 1983, and under what power is the University issuing these Rules? It is also not clear, the learned Judge remarked, as to which Authority of the University is framing these Rules? Be that as it may, we decline to express ourselves on the competence of the University to issue the Rules in question. We shall take the rules as they are, and examine the meaning of Rule 6, and determine whether any of its provisions are unreasonable and arbitrary. For this purpose we shall assume that the said Rules have been issued by a competent authority. We are concerned herein with the Rules for admission issued for the academic year 1989-90.

(3.) Rule 6 of the Rules for Admission (1989-90) reads as follows: -