M.L.Bhat, J. - (1.) The petitioners are said to have applied for post graduate courses in the respondents' College in pursuance of advertisement notice dated 21-10-1987, copy whereof is Annexure-1 to the writ petition. The petitioners were not admitted in any of the courses of their choice which was M. S. Gynaecology and second choice was Diploma in Gynaecology and third choice was for Diploms in Pathhlogy. The admissions in Post Graduate courses for the session 1987-88 (Diploma course) and 1987-89 (Degree course) was to commence in December, 1987. Domicile candidates of Uttar Pradesh were asked to apply for the admission in various courses given in the said notice. The petitioners claim that there were vacancies and seats were available in the courses in which they had applied, A competative examination was to be held for the session 1988-89 for diploma course and 1988-90 for degree course. For diploma course for 1987-88 session and degree course for 1987-89 session, no competative examination was to be held. The petitioners were amongst the external candidates and no external candidate was admitted in the speciality for which the petitioners are said to have given option. The petitioners claim that they were entitled to the admission but they have been refused their admission. On the basis of these pleadings the petitioners have prayed for grant of writ of mandamus directing the respondent-Principal to admit the petitioners in M. S. Gynaecology course and in the alternative in diploma course in Gynaecology.
(2.) On 26-5-1988 this. Court directed that the petitioners may be permitted to attend the classes of M. S. Gynaecology in the respondent-college. The said order was continued from time to time and on 28-9-1988 it was directed that the order dated 26-5-1988 shall continue. The Division Bench of this Court on 17-3-1989 seems to have asked the Principal of respondent No. 1's College to file personal affidavit explaining the circumstances in which the interim order dated 26-5-1988, extended on 28-9-1988 has not been obeyed. The Principal has filed a personal affidavit in the Court on 27-4-1989 in response, to the order of the Court dated 17-3-1989. The Principal has stated that the order dated 26-5-1988 whereby the petitioners were allowed to attend the classes for the M. S. Gynaecology was duly complied with. However, it was stated that there was no seat vacant, therefore, the petitioners could not be admitted on the basis of the merits. As the petitioners were external candidates, they were not entitled for, admission. It was stated that the petitioners were only permitted to attend the classes there was no specific order for giving admission to them. In pursuance of the order of this Court dated 26-5-1988 the, petitioners joined the classes on 6-6-1988. They subsequently absented themselves and did apt attend the classes. In the department of Gynaecology there were only nine teachers and ten students have already been admitted on the basis of recommendations of Medical Council of India. One candidate is in excess because students-teachers ratio has to be maintained which must be 1 : 1. Reference is made to the writ petition filed in Lucknow Bench, which has been dismissed.
(3.) In the main counter-affidavit which is filed to the writ petition on behalf of respondent No. 1 it is stated that the Government notification dated 15-12-1982 was modified by Government telex dated 28-1-1988. Copy of the telex is placed on record as Annexure-C. A.-1. It is stated that there were only 9 seats in M. S. Gynaecology and Obstetrics course and 12 seats in diploma in the said course. Out of which 75% seats have been filled up by internal candidates and remaining 25% seats are left to be filled up by the candidates to be selected through an All India Competition held by All India Institute of Medical Sciences, New Delhi and names of the candidates have not yet been received for the above vacant seats. It is stated that the petitioners could seek admission through All India Competitive examination and not directly, because they are external candidates. It is further stated by respondent No. 1 that the admissions have been done for the academic session 1988-90 and not for 1987-89 as alleged by the petitioners, hence they are not entitled for admission without qualifying in the All India Competitive examination held by the All India Institute of Medical Sciences, New Delhi.;