- (1.) HEARD Mr. Sandeep Dixit and Mr. Vijay Dixit, learned counsel for the petitioner as well as Mr. Krishna Chandra, learned counsel for the Medical University and Mr. Sanjay Bashin, learned counsel for the opposite party no. 2 and perused the record.
(2.) THROUGH the instant writ petition, the petitioner has challenged the order dated 03.04.2014 (Annexure No. 10 to the writ petition) on the ground that in terms of order dated 14.03.2014, passed by the Hon'ble Apex Court in Writ Petition (Civil) No. 433 of 2013 for the academic session 2014 -15, the admission pursuant to the counselling had to be completed by 07.04.2014 whereas the petitioner would be studying in two institutions even after 07.04.2014 which would cause a loss of seat also, which is not permissible. Accordingly, the respondent took a decision not to allow a seat to the petitioner, the notification dated 08.07.1996, issued by the State Government, has also been challenged which is a hurdle in the petitioner's admission in post graduate course. It provides that the candidate seeking admission in different specialty shall not be eligible to appear in the entrance examination unless he/she completes the course in which he/she has already been admitted and passes the examination. The petitioner has also challenged the Condition No. 4 under the head of 'Eligibility for Admission' providing in the information brochure of the U.P. Post Graduate Medical Entrance Examination -2014, which is extracted below: - "(iv) A candidate who has already taken admission on the basis of earlier U.P.P.G.M.E.E./A.I.P.G.E.E. is not eligible to appear in the examination until he/she completes and passes the course where he/she is presently admitted. However, such a candidate shall be eligible if - a. He/She has resigned from the said course, his/her resignation has been accepted by the Principal of the Medical/Dental college or the Vice Chancellor (in the case of candidates of K G Medical University) and he/she has refunded the full amount of salary/stipend received by him/her during the said course, before the date of notification of this examination, i.e. 07.02.2014. b. He/She is presently pursuing P.G. Diploma course in any subject, with the condition that he/she will be considered for the Postgraduate Degree in that subject only."
(3.) LEARNED counsel for the petitioner submits that the candidates, who have passed MBBS/BDS from the State Medical Colleges, have been made eligible to appear in the entrance examination dated 16.12.2013 whereas they have been given liberty to complete their compulsory rotary internship by 30.05.2014. The petitioner is studying in the course of M.D. (Dermatology) being allotted a seat of M.D. in Command Hospital, Lucknow. Her course is scheduled to be completed by 22.04.2014 whereas the MBBS students, who are going to complete their internship by 30.05.2014, has been recognized as eligible for admssion. Thus, it is stated the respondents have adopted two different criteria for the same set of persons who are seeking admission in post graduate courses. Thus, they claim the respondent's conduct as discriminatory also.;