S. K. Dhaon, J. - (1.) THE controversy in these five petition is common. It pertains to the admission to some of the Post Graduate Courses in the second year in Moti Lal Nehru Medical College, Allahabad, (hereinafter referred to as the Medical College) under the Residency Scheme. THE dispute centres round the interpretation to be given to * particular clause contained in the Government Order/Notification dated 22nd August, 1989. THErefore, these petitions were heared together and are being disposed of by a common judgment with the consent of the counsel for the parties.
(2.) BY the Government Order dated 22nd August, 1989, a new scheme for the purpose of admission to Post Graduate specialities both Degree and Diploma was introduced. For the sake of brevity this scheme would be hereinafter called as the Residency Scheme. Under the Residency Scheme the duration of the degree course has been fixed as three years; whereas the duration of the Diploma course has been fixed as two years. The scheme provides that the minimum requirement to be eligible for admission to a Post Graduate speciality, either Degree or Diploma, is that a candidate should pass the M.B.B.S. examination and should have one year's internship to his or her credit. Before the enforcement of the Residency Scheme the duration of the Degree course was two years and that of the Diploma course one year. Admission to the Post Graduate courses Degree or Diploma in the State Medical Colleges, including the K. G. Medical Gollege, Lucknow, were made in accordance with the common set of Rules. Certain norms were also laid down by the Medical Council of India for the purpose of admission to the Post Graduate specialities. One of the conditions enumerated was that if any candidate had been admitted in Post Graduate Diploma or Degree course in one speciality, he was not eligible for admission in Post Graduate Diploma or Degree course in any other speciality. However, if a candidate had been admitted in a Post Graduate Diploma course in one speciality it would be permissible to admit him or her in the Post Graduate Degree course in that very speciality. The minimum requirement for admission to a Post Graduate speciality either Degree or Diploma was that the candidate should have passed the M.B.B.S. examination, he or she should have one year's internship to his or her credit and he or she should have done House-job for one year. It is thus evident that the redeeming feature of the . Residency Scheme is that the requirement of doing House-job for one year has been done away with thereby clearing the deck for admission to a post Graduate speciality either Degree or Diploma after the completion of one year's internship. However, the duration of the course, as stated above, has been increased. Apart from the increase in the duration of the courses and the changes effected with respect to the minimum qualifications, as indicated above, in brief, the salient feature of the Residency Scheme are these. Admission to the first year are to be made by open competition. First, an all India competitive examination for 25 per cent seats will be held and thereafter a competitive test for the remaining 75 per cent seats shall be held. Till the arrangements for holding a competitive test are made, admission to the 75 per cent seats to the various specialities Degree or Diploma in a particular Medical College shall be made on the basis of merit obtained in the M.B.B.S. examination conducted by that Medical College. On 21st September, 1989, the Principal of the Medical College issued a notice inviting applications for selection to the various Post Graduate courses for the session 1989-90. The notice made it clear that service candidates from P.M.H.S., C.G.H.S., Railway Service, A.M.C. and Local bodies etc. will also submit their applications. It will be profitable to extract the opening paragraph of the notice :- " Applications are invited from Medical Graduates of M.L.N. Medical College, Allahabad for selection to the following Post Graduate courses for the session 1989-90 on 75% seats of Institutional preference under 2 years Residency Scheme latest by 30th September, 1989. "
(3.) IN writ petition no. 18036 o? 1989 the material averments made by Dr. Archana Gupta are these. She was admitted to the M.B.B.S. course in the Medical College in the year 1981 on the basis of the C.P.M.T. examination and passed M.B.B.S. examination in 1986. She did one year's internship from the Medical College and got herself registered with the State Medical Council. Thereafter she did one year's House-job in Gynacoiogy and Obstetrics from the Medical College. She was admitted to the D.G.O. course in March, 1989 for the session commencing from April, 1989 and she is fully eligible for admission to Degree course under the two years Residency Scheme for the academic year 1*89-90 in the speciality of Gynaecology and Obstetrics. She is prepared to give up the D.G.O. course in case she is admitted to the Degree course in Gynaecology and Obstetrics. In writ petition no. 18102 of 1989 Dr. Atul Chandra Agarwal, petitioner no. 1 avers:-He has passed M.B.B.S. examination from the Medical College and has done internship and house-job for one year each. He is a student of Post Graduate Diploma course in Orthopaedics and is, therefore, fully qualified to be admitted to the two year's Residency course (M, S. Course in Orthopaedics in General Surgery). Dr. Amar Kant Vijaywar, petitioner no. 2, avers that he has passed the M.B.B.S. examination from the Medical College and has done one year internship and one year House-job in Surgery (from 17-9-1987 to 16-3-1988) and House-job in Ophthalmology from 1-4-1988 to 30-9-1988. He is a student of the Post Graduate Diploma course in Child Health (D.C.H.) in the Medical College. He desires to be admitted to the M. S. Ophthalmology course (two years Residency Scheme).;