Kamleshwar Nath, J. - (1.) THIS petition under Article 226 of the Constitution seeks a writ of Mandamus to allow the petitioner Dr. Madan Lal Agarwal to be registered for post -graduate course in the King George Medical College, Lucknow. There is also a prayer for quashing certain conditions contained in Annexures 2 and 3 to the writ petition. The petitioner appeared in the Final Professional Examination of M.B.B.S., of King George Medical College, Lucknow, in April 1983. The aggregate secured by him in the entire examination was 55.34%, The aggregate obtained by him in all the course of ophthalmology in the said examination was 53.5%, but in the paper regarding clinical examination in ophthalmology he secured only 16 out of 50 marks, which was slightly less than 33%. The Rules framed by the Lucknow University in this connection are contained in Annexure -2 of the writ petition which required, inter alia, that an examinee must secure 50% marks in each of the papers individually as contra -distinguished from the requirement of 50% in the aggregate. On that basis the petitioner was declared to have failed in the subject of ophthalmology .
(2.) THE petitioner then appeared afresh in the subject of ophthalmology and in that examination having secured 63.5% marks was declared pass. When he sought admission to the Post -graduate course in King George Medical College, Lucknow, a deduction of 1% from the aggregate marks, secured by him in the subject of ophthalmology , was made because of his failure in the first examination in the month of April 1983, as indicated above. This deduction rested upon a condition contained in the Notification dated 15.12.1982, Annexure -3 to the writ petition, issued by the Government of U.P., for admission of candidates to the post -graduate courses in the Medical Colleges of State of U.P. including King George Medical College, Lucknow. The Annexure stated, inter alia, that keeping in view the recommendations of the Medical Council of India, it was directed that while admissions to the post -graduate courses would be made on the basis of merit, the basis of determining the merit would be percentage of marks worked out after deducting one percent marks for each failure in every subject from the total percentage marks obtained in the M.B.B.S. Examination.
(3.) THE claim of the petitioner is that the condition contained in Annexure -2 that an examinee is to be treated as having failed if he did not secure 50% marks in each paper of a subject, is discriminatory and ultra vires because there is no corresponding condition in other Universities like Kanpur University. It is further said that condition of deducting of 1% marks in a subject in which the examinee has failed, contained in Annexure -3 to the writ petition, is ultra vires because it is contrary to the Rules framed by the Medical Council of India contained in Annexure -1 to the writ petition.;