R.A. Sharma, J. - (1.) Petitioner having passed M. B. B. S. Examination in 1987 did one year's rotatory Internship and thereafter got herself registered with the Medical Council, U. P. Petitioner appeared in the test conducted for admission in B. R. D. Medical College, Gorakhpur (hereinafter referred to as the college) but was not selected. It appears that one Dr. Kanhaiya Lal, who was granted admission in diploma in obstetrics and Gynaecology course for the current session, had left the job on account of his selection in Medical service. For this vacancy petitioner had made an application dated 4-8-1990 to the Principal of the college and in this connection petitioner claims to have made representation to the appropriate authority but without any success. Petitioner as such, has filed this writ petition for a writ of mandamus commanding the respondents to admit her in two years diploma in Obstetrics and Gynaecology course against the aforesaid vacancy in the college.
(2.) Grievance of the petitioner is that in view of the law laid down by the Hon'ble Supreme Court, it is not open to the Medical College to keep seat vacant and in this connection learned counsel for the petitioner has referred to a decision of the Supreme Court in Dr. Jeevak Alamast v. Union of India, AIR 1986 SC 1812 and a Division Bench decision of this Court in the case of Dr. Meera Varma v. Principal, B. R. D. Medical College, Gorakhpur, Writ Petition No. 19822 of 1988, decided on 4-1-1990, a copy of which has been filed as Annexure-1 to the rejoinder affidavit.
(3.) In view of the decision of the Division Bench referred to above, it is appropriate that similar direction be issued in the instant case also. I accordingly direct that the respondents shall, within three weeks from the date of the receipt of a certified copy of this order, consider the case of the petitioner for admission in two years diploma in Obstatrics and Gynaecology course against the existing vacancies in the college in accordance with the rules and guide lines issued from time to time.;