S.K.Aggrawal, N.N.Sharma, JJ. - (1.) This petition under Article 226 of the Constitution has been filed by Mr. Shri Kant in September, 1981, for Mandamus directing the Principal, Motilal Nehru Medical College, Allahabad (briefly stated as the Medical College), to accept the thesis of the petitioner and to allow him to appear in the examination which was then scheduled to be held in the month of November 1981.
(2.) The brief facts arc these. Dr. Shri Kant did his M.B.B.S. from K.G. Medical College, Lucknow, and thereafter applied for admission in M S. Course in Optbalmology in the Moti Lal Nehru Medical College Allahabad. There were, at the time when he applied, four seats in that subject. On December 14. 1979, the State Government had issued a notification reserving 75% seats for post graduate students in various specialities of Medical Colleges in the State for students who had done M B. B. S. Course from the same Medical College, and for the remaining 25% applications of outsiders had to be considered on merits along with those who had done M.B.B.S. from the same Medical College. The Medical College picked up those students of its College and give them the appointment out of the 75% reserved quota for the students of the said College. Each of these persons had obtained less marks than the petitioner. The petitioner's case of admission was, however, compared with Dr. Neera Banerji, who was a student of the same Medical College and was the best out of those who had applied for admission in M.S. Course. Having compared the merits of the petitioner with Dr. Neera Banerji, the Medical College found the petitioner to be less meritorious and rejected his application. The petitioner, thereafter, filed a writ petition in this Court alleging, inter alia,.that the refusal to admit the petitioner was against the Government Order inasmuch as while picking out or selecting students for the reserved quota of the students of the Medical College itself, the course adopted was unfair. The Medical College should have made the selection on the basis of marks secured in that quota as well and thereafter considered the case of the petitioner on merits and compared him with the student who could not be absorbed in the reserved quota of 75% In this petition, the petitioner also filed a stay application. The petitioner was given a stay order on 20th May, 1980, and the Medical College was directed to admit the petitioner. The writ petition was, ultimately, allowed and the following direction was given : "In the result we allow this petition with costs. Without quashing the selection of any other respondents for admission to M. S. Course, we direct respondent No. 1 to admit the petitioner to the M.S Course in Opthalmology, commenced on 1st January, 1980. We may at this stage point out that there already is an. interim order passed by this Court on 29th June, 1980 directing respondent nos. 1 and 2 to give provisional admission to the petitioner in M.S. (Opthalmology) Course in Allahabad Medical College. Respondents Nos. 1 and 2 namely, principal, Medical College and Head of the Department of Opthalmology, shall now do the needful in this regard. It is clarified that if in order to give effect to the writ issued by t is Court, it becomes necessary for respondent no. 1 to pass appropriate orders with regard to respondent no. 4 Dr. Kamlesh, be would be free to pass that order in accordance with law.
(3.) The aforesaid direction had been given on the finding that there was absolutely no reason for the Medical College not to have selected students of the Medical College for the reserved quota on merits and thereafter compared the petitioner's candidature with that who had been left behind. The method, in the opinion of the High Court invented by the Medical College was not fair.;