B SRINIVAS Vs. UNIVERSITY OF HEALTH SERVICES VIJAYAWADA

JUDGEMENT

(1.) The petitioners in all these writ petitions are students undergoing studies in Post-Graduate Diploma Courses in the various Medical Colleges in different subject-groups. The petitioners in the first four writ petition, viz., W.P. Nos. 9117/89, 9142/89, 9578/89 and 7298/89, seek a writ of mandamus declaring the notification F.No.6801/ PG/E2/88, dated 14-12-1988 issued by the respondent as illegal, arbitrary and discriminatory and to direct the respondent to permit the petitioners to appear for the Entrance Test for the year 1989 for admission into P.G, Medical Degree Course. In W.P. 9260/ 89 the petitioner prays for the issue of writ of mandamus declaring R.6 read with R.11(ii), particularly R.6(3) of the Rules for Admission to Post-Graduate Medical Courses in the Medical Colleges in A.P. University of Health Sciences for the year 1989-90, as arbitrary, illegal and unenforceable and seeks a direction to allow the petitioner to appear for the Post-Graduate Entrance Test to be held for the year 1989-90.

(2.) The main question arising for consideration in all these writ petitions is whether the petitioners, who are the Post-Graduate Medical Students, are entitled to appear for the entrance test for the year 1989-90 for admission into Post-Graduate Medical Degree Course. Notification F.No.6801/PG/ E2/88, dated 14-12-1988 is based upon the provisions of R.6(3) of the Rules for admission to Post-Graduate Medical Courses in the Medical Colleges in A.P. University of Health Sciences for 1989-90. Therefore, the purport of all the writ petitions is to seek permission for appearing in the ensuing entrance test for admission to the Post-Graduate Medical Degree Course. The facts in all these cases are not disputed and the main question which arises is of a purely legal nature which will have to be considered in all the writ petitions.

(3.) The petitioners in all the writ petitions are students in Post-Graduate Diploma Courses, who are now trying to better their prospects by appearing in the entrance examination to be held for the Post-Graduate Medical Degree Course. It is an accepted fact that a Post-Graduate Medical Degree carries more weight in the field of Medical Sciences and it is supposed to be higher qualification as compared to Post-Graduate Diploma held by a person. Therefore, the endeavour of the petitioners is that they should be allowed to appear for the entrance examination to the Postgraduate Degree for the course and in case they succeed they would be eligible for admission to the Postgraduate Medical Degree Course. Therefore, the rule which fails for consideration in this batch of writ petitions is R.6(3) of the Rules for admission to Postgraduate Medical Courses in the Medical Colleges in A.P. University of Health Sciences for 1989-90, which will hereinafter be referred to as "the 1989-90 Rules", which is in the following terms: "6. Eligibility :-- (1) and (2) xxxxxx (3) applicants who were admitted and registered for a postgraduate Degree or Diploma course in a subject during the academic year 1988-89, shall not be permitted to appear for P.O. Entrance Test for admission either in Post-graduate Degree or Diploma Course subject to R.11(ii)." It would be necessary to examine the provisions of R.6(3) of the 1989-90 Rules in the light of the earlier rules of 1987-88 and 1988-89, along with R.11(ii) of the said Rules. It will be useful to re-produce hereunder R.6(3) of the 1987-88 Rules and also 1988-89 Rules. R.6(3) of the 1987-88 Rules is in the following terms: