P.P.Gupta - (1.) WITH the agreement of both the parties, this petition is being heard and disposed of finally at the stage of admission
(2.) THE petitioner. Dr. Deepak, passer) his MBBS examination in the year 1982 from B. R. D. Medical College, Gorakhpur. THEreafter he did one year Internship from April 1982 to April, 1983 from Balrampur Hospital, Lucknow and from Civil Hospital, Gorakhpur. After completion of Enternship. he got himself permanently registened with the State Medical Council, U. P., Lucknow In order to do Post Graduation Degree Course in Pathology, he did house job from 23-5-1983 to 3-6-1984 in E.N.T. from B.R.D. Medical College, Gorakhpur. THE petitioner there after appeared in Post Graduate Medical Enterence Examination (hereinafter referred to as 'PGMEE'), 1990 conducted by the Lucknow University and gave his choice for admission in M.D Pathology Course; THE petitioner was selected and was admitted in M B pathology Course on the basis of PGMEE, 1990 on 6-12-1990 He had already completed cone year house job earlier. The Medical Council of India (hereinafter referred to as 'MCI'), inter alia, recommended that the candidates, who are admitted to the Post Graduate courses and who have done housemanship or equivalent training, will be entitled to an exemption upto a maximum period of one year in the duration of training for the Post graduate Course In view of the said recommendation of MCI the petitioner was admitted in Second Year Residency Course and a letter was issued to him by Respondent no 1 on 12-12- 1990 (Annexure 'I') clearly stating that (the petitioner had been appointed as Second Year Resident in M. D Course in Pathology. A residency Scheme was introduced vide G. O. dated 22-8-1989 (Annexure 'II') according to which Post Graduate Decree Course became of three years including one year of house job The first year of Residency Scheme which is nothing but is home job of the students admitted in three years of Degree Course in the first year is termed as First Year Resident. Thereafter, the students who complete one year of house job, i e First Year Residency Scheme they are admitted to second year Residency Scheme and thereafter third year Residency Course.
(3.) THE contention of the petitioner is that since he had already completed one year of housemanship, he was rightly admitted in second year Degree Course in M.D. Pathology and was termed as Second Year Resident. He was also permitted to file proforma of THEsis on 9-2-1991 and since then he has been continuously working on the said THEsis. THE last date for submitting the THEsis was 31-1-92, but the petitioner was not permitted to submit his THEsis. THE petitioner made several representations on 9-12-1991 and 22-7-1991, but nothing was heard about the outcome of these representations. THE Director of Medical Education and Training, U. P. Lucknow, issued a letter to respondent no. 1 directing him to act in accordance with the recommendations of the MCI in case of the petitioner. A copy of the letter dated 27-12-1991 issued by the Director of Medical Education and Training U. P. Lucknow, is annexed as Annexure 'V' to the petition The averment made by the petitioner in his writ petition is that the respondents are acting on their own whims illegally, arbitrarily and also without any justification in not permitting the petitioner to submit his Thesis. In view of the recommendations of MCI and in view of section 33 of the Medical Council of India Act the petitioner is entitled to submit his Thesis and also to appear in the examination which is scheduled to take place in June/July, 1992. It has been reiterated that the petitioner was admitted in second year Residency Course of the Session which was deemed to commence from 2-5-1990 in view of the judgment and directions of the Supreme Court given in Dr. Ajay Agarwal's case and two years term of Post Graduate Degree Course, in the case of the petitioner, will come to an end on 1-5- 1992.;