B.D. Agarwal, J. - (1.) THIS petition under Article 226 of the Constitution is directed against the notification of the State Government dated 15th December, 1982, issued under Section 28(5) of the U.P. State Universities Act, 1973.
(2.) ACCORDING to Section 33 of the Indian Medical Council Act, 1956, the Medical Council may with the previous sanction of the Central Government make regulations providing, inter alia, for standards of proficiency to be obtained and the practical training etc to be undertaken in medical institutions for grant of recognised medical qualifications. The Regulations drawn under this Section and approved by the Central Government lay down the criteria for selection of candidates for post graduate training as under: (a) Students of post -graduate training should be selected strictly on merit judged on the basis of academic record in the under graduate course. All selection for postgraduate studies should be conducted by the Universities. (b) The candidates should have obtained full registration i.e. they must have completed satisfactorily one year of compulsory rotating internship after passing the final MBBS examination and must have full registration with State Medical Council. (c) They must subsequently have 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 the same department and the remaining six months in an allied department provided that in departments like Radiology/Anaesthesiology/Physical Medicine & Rehabilitation where suitable candidates who have done housemanship in the respective subject for the respective speciality are not available then the housemanship in Medicine and/or in the surgery may be considered as sufficient. Alternatively (i) Must have worked as a full time postgraduate student in a manner equivalent to housemanship requirements, in the department concerned before taking up the postgraduate courses. It is further stated: The Postgraduate Committee was of the opinion that in order to determine the merit of a candidate for admission to postgraduate medical courses, (i) his performance at the MBBS examinations, (ii) his performance during the course of internship and housemanship for which a daily assessment chart be maintained and (iii) the report of the teachers which is to be submitted periodically may be considered. Alternatively the authorities concerned may conduct competitive entrance examination to determine the merit of a candidate for admission to postgraduate medical courses. The period of training for M.D., M.S. shall be three years after full registration including one year of house job or equivalent thereof.
(3.) UNDER Section 28(5) of the U.P. State Universities Act, 1973, the State Government is empowered to regulate admission to Medical Colleges by such orders as it may, by notification, make in that behalf.;