PRINCIPAL MOTI LAL NEHRU MEDICAL COLLEGE DR JUHI JAIN DR PADMA PANJWANI Vs. VANDANA SINGH:PRINCIPAL M L N MEDICAL COLLEGE ALLAHABAD:PRINCIPAL M L N MEDICAL COLLEGE ALLAHABAD
LAWS(SC)-1990-8-41
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on August 21,1990

PRINCIPAL,MOTI LAL NEHRU MEDICAL COLLEGE,JUHI JAIN,PADMA PANJWANI Appellant
VERSUS
VANDANA SINGH,PRINCIPAL,M.L.N.MEDICAL COLLEGE,ALLAHABAD Respondents





Cited Judgements :-

KAMLA GODARA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1999-12-6] [REFERRED TO]


JUDGEMENT

Ranganathan, J. - (1.)These three petitions can be disposed of by a common order. Since we have heard counsel at some length we grant special leave in these petitions and proceed to dispose of the appeals.
(2.)In the Motilal Nehru Medical College (M.L.N. College) at Allahabad there are 8 seats for a post-graduate course in Obstetrics and Gynaecology. Of these, 6 seats are reserved f r institutional candidates and two are reserved for external candidates. The Principal of the college has filled up all the 8 seats by admitting institutional candidates and without considering the cases of any external candidate. Among the institutional candidates Dr. Juhi Jain and Dr. Padma Panjwani, who had obained the highest percentage of marks have been admitted and Dr. Vandana Singh, who had applied for admission as an external candidate was not considered. Dr. Vandana Singh, therefore, approached the Allahabad High Court, which upheld her contention and held that the two seats in question should have been filled up in accordance with a notification published by the State Government on 26th April, 1986 (amending a previous notification dated 15-12-1982) which provided as follows:
"In every speciality, seventy five per cent seats in a particular medical college shall be reserved for the candidates who have passed the M.B.B.S. examination from that College and against the remaining twenty five per cent seats, candidates who have passed M.B.B.S. examination from other Medical Colleges and are bona fide resident of Uttar Pradesh, shall be eligible for admission on the basis of merit along with the candidates who have passed the M.B.B.S. examination from that very college.

(3.)The Court, therefore, set aside the admission of Dr. Juhi Jain and Dr. Padma Panjwani and directed the Principal of the Medical College to consider the cases of Dr. Vandana Singh and other external candidates, who were eligible for admission to the "open" twenty five per cent, seats on merits and in accordance with law.
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