M. L. Bhat. J. - (1.) THESE two writ petitions raise a common question of law and facts Therefore, they are being decided by a common judgment. The main prayer in both the writ petitions is that : (1) Issue a writ, order or direction in the nature of mandamus directing the respondents to admit the petitioner in post graduate course against 75% institutional seat for the session 1991-94 against vacant seat in MD (TB & chest) or MD (Pathology) or MD (Anaesthesia) or DCH or Dip Card for PGMEE-91" (2) Petitioners also pray for payment of salary and seek a direction from this court to implement the judgment of the Supreme Court and not to give effect to the unreasonable restriction. Writ of certiorari is also sought for quashing the Brochure of PG MEE 1991 issued by the Lucknow University on 1-12-90.
(2.) IN writ petition no. 27856 of 1991, the petitioner's case is that he has secured 54% marks in MBBS examination which he is said to have passed in May. 1990. Thereafter, he is said to have joined his internship on 25 8-90 and completed it on 24-8-91. He was permanently registered with the State Medical council and became eligible for admission in 3 year integrated residency scheme as per the recommendations of the Medical Council of INdia for the session 1991-94. Under the Medical Council of India Rules, a student is to be selected strictly on merit on the basis of academic record in undergraduate course. Selections are to be made for the past graduate studies by the University. One year internship is also necessary. It is stated that the Supreme Court had made a direction that no candidate should be declared ineligible to appear in the competitive examination for three year integrated residency on the ground of non-completion of internship till the date of selection. Throughout the whole country 3 years integrated post graduate course was to start by the 2nd of May every year, and 75% seats were to be given to internal candidates and 25 percent external candidates. In 1987 the Supreme Court is said to have framed a time schedule for three year integrated residency scheme for the purpose of competitive examination for both institutional as well as open merit candidates. According to the petitioner, the time schedule fixed by the Supreme Court was as under : (1) Last date for request by post of application form 7th November (2) Last date for receiving application form 14th November (3) Admit card issued 15th December (4) Competitive test 20th January of next year (5) Result to be declared 7th March of next year (6) Allotment of seats 7th April of next year (7) Last date for admission from first merit list 22nd April of next year (8) Last date for admission from watting list 10 May of the next year The Supreme Court had wanted the State of U. P. to adhere to the above time schedule. But despite that the State of U. P. did not adhere to the said time schedule which resulted in imposition of exempalory cost on the authorities concerned by the Supreme Court in separate petition.
(3.) THE petitioner is said to have applied for post graduate medical entrance examination 1991 conducted by the Lucknow University in pursuance of the brochure issued to this effect by the University. THE entrance test was to be held on 13-1-91 and on 1-12-91. THE petitioner's application for admission to entrance test was rejected on the following ground :- "Under rules only those candidates who are eligible to appear in the test who have completed compulsory rotatory internship or will complete internship by 30th April, 1991 whereas the said candidate does not fulfil this eligibility criteria." The petitioner could not complete his intership by 30-4-91 on account of default of the authorities who could not conduct the examination according to date sheet fixed by the authorities. According to the scheduled date sheet, M.B.B.S. examination process including examination of Practical was to be completed on 26-3-90 The date sheet was changed and according to the revised programme dated 23-4 - 90, final professional examination was to be held with effect from 5-5-90 to 21-5-90. The revised time schedule also was not adhered to by the authorities in respect of conduct of practical examinations which were completed on 22-6-90 instead of 15-6- 90. The result was declared on 29-6-90. The petitioner is said to have been declared successful in the said examination. Thereafter, the petitioner was allowed to join the one year internship course- Due to the lapse of the respondents, the petitioner could not pass his M.B.B.S. examination by the end of March, 1990. Completion of internship was also delayed due the fault of the respondents. According to the notification of the State Government, dated 9-10-90 it was provided that in the competitive entrance examination, those candidates who have not completed internship would be allowed to appear provisionally bat they shall not be admitted to post graduate diploma and degree courses, if they fail to complete the internship training and get the registration from Medical Council of India or State Medical Council before the beginning of the said course.;