EHSAN AHMAD Vs. ALIGARH MUSLIM UNIVERSITY
LAWS(ALL)-1993-4-31
HIGH COURT OF ALLAHABAD
Decided on April 12,1993

Ehsan Ahmad Appellant
VERSUS
ALIGARH MUSLIM UNIVERSITY Respondents

JUDGEMENT

Vijay Bahuguna, J. - (1.) THE instant petition relates to the admissions to the three year M.D./M.S./Post -Graduate Diploma courses for the academic year 1992 -93 conducted by the Aligarh Muslim University. The Petitioners appeared at the Entrance Examination as also in the interview.
(2.) THE Petitioners pray for the issuance of a writ of certiorari for quashing the entire admission test which was held on 28th July, 1992 and to re -issue the merit list without talcing into consideration the marks obtained in the interview. In the counter affidavit filed on behalf of the University it is stated thafTa -the list dated 18th September, 1992, the Petitioners were provisionally selected for admission The Petitioner No. 1 has got admission in M.D. (Physiology), Petitioner No. 2 in Diploma (Orth. Surgery), Petitioner No. 3 in Diploma (Anesthiology), and Petitioner No. 4 in M.D. (Bio -chemistry). It is further stated that Petitioners No. 1 to 3 were admitted in the September 1992 batch and classes have started from 30th September, 1992. In so far as the Petitioner No. 4 is concerned, his name appears in the list which has been notified on 23rd February, 1993. He has been transferred to the Department of Orth Surgery. This was done at his request as he wanted a transfer from M.D. Bio -Chemistry to the Department of Orth Surgery. It is stated that the crieterion for selection of candidates is "evaluation of merit". The criterion is thus: Evaluation of merit. The Post -Graduate Committee was of the opinion that in order to determine the merit of a candidate for admission to post -graduate medical courses, (i) his performance at the M.B.B.S. examination, (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 post graduate medical courses.
(3.) IT is contended that whereas the performance at the .M.B.B.S. Examination can be judged by the performance at the written competitive Examination, the performance during the course of Internship and the Housemanship and the report of the teachers is taken into account by the high powered interview Committee constituted by the University and it is for this reason that 30 percent marks have been allotted for the interview as out of the 3 conditions 2 conditions have to be adjudged by the Interview Board. For admission in the Post -Graduate Diploma courses the students who have already passed M.B.B.S. examination and have completed the Rotatatry Internship are considered and it is for this reason that the interview is necessary to determine the merit of the students. The Interview Board consists of the Dean, Faculty of Medicines and the other Board is headed by the Principal of Medical College. Four eminent Professors, who are men of repute in their own field, are members of the Board. It is stated that the Petitioners did not raise any objection before they appeared in the interview and moreover they have already got admission and as such it is not open to them to challenge the admission policy of the University.;


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