M.L. Bhat, J. - (1.) Hearing of these nine petitions was concluded on 8-4-92. There upon Mr. Pankaj Srivastava appearing for the Petitioners made an application that the Respondents in the writ petitions be directed to admit the Petitioners in the specialties as mentioned in the writ petitions in view of the subsequent judgment given by the Supreme Court. It was submitted by learned Counsel for the Petitioners that the Supreme Court has passed some orders in review petition and that review petition is still pending against its judgment dated 13-2-92. On these submissions it was ordered that these nine petitions would be heard again. However, interim relief was not granted to the Petitioner. Learned Counsel for the Petitioner was directed to supply a copy of this application to learned Counsel for the other side and the writ petitions were directed to be posted to 22-4-92. These nine petitions were heard again on 6-5-92 in the light of the orders of the Supreme Court passed on 23-4-92. On 13-2-92, the Supreme Court had allowed the appeal of the State Government in S.L.P. Nos. 16180-81 and 19446 of 1991 State of U.P. and Ors. v. Dr. Anupam Gupta and Ors.. It was held that instructions issued by the State in the letter dated 20-2-90 prescribing the eligibility criteria of 50% marks in the entrance examination conducted for the purpose of admission to post graduate degree and diploma courses are legal, valid and supplementary to the statutory rules. These candidates alone would become eligible for admission who would fulfill the said criteria. The prescription of 40% cut out for Schedule Caste and Schedule Tribe candidates was also upheld as a measure of social justice to accord equality of opportunity to Schedule Caste and Schedule Tribe candidates. In conclusion the Supreme Court says as under: "Accordingly we hold that securing 50% marks at the entrance examination is one of the conditions precedent to become eligible for admission into the post graduate degree and diploma courses. This is also consistent with the view expressed by this Court in Dr. Ajay Kumar Agarwal's case-
(2.) It seems that review petition has been filed before the Supreme Court by three doctors who were Respondents in the S.L.P. The Supreme Court made the following order in the review petition on 26-3-92: "The learned Senior Counsel for the State, Mr. D.V. Sehgal, undertook to instruct the consent to implement the direction already given by this Court to admit the three students within a period of 10 days List the matter on 7th April, 1992.
(3.) What happened on 7-4-92 before the Supreme Court is not known. However, the matter seems to have been placed before the Supreme Court on 23-4-92. The Supreme Court made the following order in the matter of admission to three candidates: "It is stated that Dr. Anupam Gupta was given conditional admission in the Medical College at Agra. It is stated that by Shri Misra learned Counsel for the State that since six candidates have already been admitted with similar conditions there is no seat available. As such admission was given conditional to the Petitioner. Therefore, he seeks time for the Government or concerned Department to create a seat either of relaxation of the rules or as special cases. Three month's time is given to the State to do the needful and the Petitioner has since been admitted he would continue to pursue the course of study. Though Ms. Renu Gupta was communicated offering to give admission in the Medical College at Allahabad, she has not responded. Obviously she is not interested to pursue her course. Therefore her petition no longer survives. Dr. Sanjay Agarwal has already been admitted unconditionally in Gorakhpur. The Review petition are closed with the above directions.";