JUDGEMENT
Satish Chandra, C.J. -
(1.) The petitioner after passing her M.B.B.S. degree completed her internship in U.H. Memorial Hospital, Kanpur. She did her houseman job in Anesthesia department in B.R.D. Medical College Gorakhpur from 19th of January 1980 on 28-8-1980 and in S.N.M. College, Agra in the department of Obstetrics and Gynaecology from 30th of August, 1981 and thus she had completed more than one year of housemanship. She then applied for admission to the diploma in Gynaecology and Obstetrics course in S.N.M. College, Agra but her application has been rejected. Aggrieved she has come to this Court. The respondents have in their counter-affidavit stated that she did not possess the requisite qualifications. One of the creteria for selection was :
"The candidate must have subsequently done one year's housemanship prior to admission to the post graduate degree or diploma course. Housemanship should preferably be for one year in the same subject or atleast six months in an allied department."
(2.) This was one of the criteria mentioned in selection of candidates in the Medical Council of India's recommendations of Post-Graduate education published by the Medical Council of India. This criteria in fact relates to the admissions to the Post-Graduate Degree Course. The criteria for selection of Post-Graduate Diploma Courses is given at page 12 of the book. There the relevant criteria is "they must subsequently have done one years housemanship or as alternatives thereof, worked in any of the three capacities described earlier". As described earlier, the petitioner has applied for admission to a diploma course in Gynaecology and Obstetrics. She had not applied for admission to Pest Graduate Degree Course. Hence the criteria mentioned for the degree course was inapplicable to the petitioners case. She was governed by the criteria mentioned in the two years Diploma course which requires one years housemanship. The petitioner has admittedly completed more than one years housemanship ; hence she fulfilled the requisite criteria. No other ground has been mentioned for refusal of her application for the Post-Graduate Diploma Course. She was entitled for admission. Her application for admission was refused on untenable grounds.
(3.) In the result, the writ petition succeeds and is allowed. The respondents are directed to admit the petitioner to the Diploma Course in Gynaecology and Obstetrics course of 1981-82. Under the interim order, the petitioner was allowed the admission in the Diploma course. That admission will be treated as regular admission in Diploma Course. Petition allowed.;
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