Om Prakash, J. - (1.) THE petitioner, who was refused admission in M S. Gynaecology and Obstetrics course, seeks a writ of mandamus directing the respondents to consider her name for admission in the aforesaid course. The facts are that the petitioner passed her M.B.B.S. in 1987 from Lady Harding Medical College, New Delhi, securing 69.54% marks. She did internship from S.N. Medical College, Agra, for one year from 8 -1 -1988 to 7.1.1989 and then did house job from the aforesaid College of Agra for one year from 25.2.1989 to 24.2.1990. She then applied for admission in M.S. Gynaecology and Obstetrics course pursuant to the advertisement issued from the office of the respondent No. 1 (Annexure "1" to the writ petition). Residency Scheme was introduced by the Government Order dated 22.8.1989 (Annexure "2" to the writ petition) whereby Post Graduate Degree Course was converted into three years and the house job of one year required earlier, was converted into first year in the residency scheme, meaning thereby, after introduction of residency scheme, candidates were required to be admitted in the first year of Post Graduate course under the residency scheme. By virtue of the residency scheme, 75% seats were to be filled up by the internal candidates either on the basis of a selection test or on the basis of the marks obtained in M.B.B.S. course and 25% seats were to be filled up on the basis of the All India combined Entrance, Examination to be conducted by the AIIMS. The contention of the petitioner is that 25% seats were to be filled in the State Medical Colleges of U.P. in accordance with the Government Order dated 15.12.1982 until the All India Entrance Examination took place.
(2.) REFERRING to the decision in Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad : AIR 1987 S.C. 2396, the petitioner further stated in paragraph 20 that the Supreme Court held: "that only 75% seats shall be filled up on the basis of institutional preference and 25% on the basis of the competition conducted by the AIIMS. But since this scheme of conducting examination by the AIIMS could not be implemented; as such a policy continued in the State Medical Colleges that 75% seats were filled up on the basis of institutional preference and the remaining 25% seats were to be filled up on the basis of comparative merits between the external and internal candidates in accordance with Government Notification dated 15.12.1982." Thus, the facts as gleaned from the petition are that 75% seats shall be filled up from internal candidates either on the basis of examination or on the basis of the marks obtained in M.B.B.S. course and 25% seats shall be filled up on the basis of the entrance examination to be conducted by AIIMS and until the entrance examination is held by AIIMS 25% seats shall be filled up on the basis of comparative merit list of the external and internal candidates and not by internal candidates alone, as it has been done in the instant case by the respondents. In the counter -affidavit filed by the respondents, it is averred that admission in the residency course was to start from the students of 1983 batch on the basis of combined entrance test, but because there was no time to organize the combined entrance test, the admissions were to be made on the basis of the merit of M.B.B.S. and from subsequent batches the admission shall be made only through combined entrance examination of all the State Medical Colleges, in paragraph 8 of the counter -affidavit it is averred that 25% seats were filled up by the internal candidates, as no candidates were available through all India Entrance examination. In paragraph 10 of the counter -affidavit, it is further averred that 23% seats shall be filled up through all India examination to be conducted by AIIMS only from 1984 batch and onwards.
(3.) THE affidavits having been exchanged, I heard both the parties to dispose of the writ petition finally. The short question for consideration is whether the respondents rightly filled up 25% seats, admittedly, meant for external candidates, by internal candidates and whether 25% seats were to be filled up on the basis of comparative merit list of external and internal candidates until a combined entrance examination is conducted by AIIMS for 25% seats. No material has been shown by the respondents in support of their averments made in counter -affidavit that until the combined entrance examination to be conducted by All MS was held, 25% seats were rightly filled up from internal candidates.;