- (1.) These writ petitions have been placed before this Bench under the orders of Hon'ble the Chief Justice dated 18th May, 2010 for answering the following two questions as framed by the Hon'ble Single Judge vide his order dated 17th May, 2010: (1) Which of the two decisions namely Writ Petition No. 286 of 1991 (supra) decided on 21st October, 1991 and Dr. Sanjay Sharma (supra) lays down the correct law? (2) Whether Clause 8(h) of the Notification dated 9th October, 1990, as amended by the Notification dated 8th July, 1996, which restricts candidates admitted to the Diploma Course from seeking admission in the same speciality in the Degree Course in the subsequent year to the exclusion of all other Degree or the Diploma Courses is violative of Article 14 of the Constitution?
(2.) Writ Petition No. 16718 of 2010 (Dr. Nupur Singh v. State of U.P. and Anr.) is being treated as leading writ petition since in the aforesaid writ petition counter affidavit and two supplementary counter affidavits have been filed. Reference of the facts of the aforesaid writ petition shall suffice for answering the questions referred.
(3.) Dr. Nupur Singh, the Petitioner, appeared in the U.P. Post Graduate Medical Entrance Examination-2009 and on the basis of her rank in general category she appeared in the counseling and got admission in diploma in Gynaecology and Obstetrics in Rani Laxmiby Medical College, Jhansi where she joined and was pursuing her diploma course. The Petitioner appeared in U.P. Post Graduate Medical Entrance Examination-2010 as advertised on 8th January, 2010. The Petitioner appeared in the examination and secured 183 rank in the result against general category. In the prospectus of the Examination-2010 there was condition in Clause (iv)(b), which provides as under: (iv)(b). he/she is presently pursuing P.G. Diploma course in any subject, with the condition that he/she will be considered for the Postgraduate Degree course in that subject only.;