J.N.Dubey, J. - (1.) In these writ petitions validity of certain admissions made in Degree and Diploma courses in Orthopaedics in Lala Lajpat Rai Memorial Medical College, Meerut (hereinafter referred to as the College) has been challenged.
(2.) On 20-12-1983applications were invited for admission in M.S. and Diploma course in Orthopaedics in the college. The petitioners who have passed M.B.B.S., examination from the college also applied for admission to both the courses. The Selection Committee after considering the applications of all the candidates prepared two separate merit lists for admission in M.S. and Diploma Courses in Orthopaedics as under : JUDGEMENT_91_TLALL0_1984Html1.htm
(3.) Dr. A. K. Vashishtha who failed to get admission in either of the two courses has filed writ petition No. 6428 of 1984 challenging the validity of admission of Dr. B. G. Kashyap, Dr. R.K. Gaur, Dr. A. P. Tripathi and Dr. N. Kumar in Diploma courses in Orthopaedics on the ground that they did not possess requisite qualifications and as such were not entitled for being considered for admission and if they are excluded, the petitioner being the next candidate becomes automatically entitled for admission. According to him, admissions in post-graduate courses in all the medical college in the country are made on the basis of the criteria laid down by the Medical Council of India. According to the Clause (c) of the criteria a candidate must have done one year's housemanship prior to the admission to the post-graduate degree and diploma courses. Housemanship should preferably be for one year in the same subject or at least six months in the same Department and remaining six months in allied Department. Dr. B. S. Kashyap has done total one year's housemanship in three different subjects, 6 months-orthopaedics, 5 months -- 14 days -- Rehabilitation and 18 days -- Leprosy. Dr. R. K. Gaur has done six months' housemanship in orthopaedics and 6 months in Leprosy while Dr. Narendra Kumar has done 11 1/2 months' housemanship in Orthopaedics and 15 days in Surgery. Orthopaedic is allied Department of Surgery while Leprosy, Paediatric and Rehabilitation are allied Departments of Medicine and as such Dr. B. S. Kashyap, Dr. R. K. Gaur and Dr. A. P. Tripathi were not eligible for admission in any of the two courses in Orthopaedics. Although admission of Dr. Narendra Kumar has also been challenged in the writ petition on the ground that he did not complete one year's housemanship but has not been seriously challenged during arguments and rightly so because admittedly surgery is allied Department or Orthopaedics and there was no irregularity so far his admission is concerned.;