K.C. Bhargava, J. - (1.) The petitioner has prayed for a writ of mandamus directing the respondent no. 2 to consider her admission in the vacant seat of Postgraduate medical courses of 1994.
(2.) The facts leading to this writ petition are that the State of U.P. for various medical colleges of the State for regulating admission to Postgraduate Medical Courses, has issued a Notification on 9th of October, 1990, copy of which is Annexure-1. This Notification provides for Junior Residency Scheme which was later on amended vide Notification dated 30th of June, 1993, copy of which is Annexure-2. Thereafter another amendment was made vide Notification dated 30th of March, 1994, copy of which is Annexure-3. The examination for Residency Scheme was conducted by the Lucknow University for Entrance Examination of the year 1994, known as Postgraduate Medical Entrance Examination (PGMEE). Copy of the brochure issued by the Lucknow University for that year is Annexure-4. The petitioner submitted an application for the same and the examination was held on 16th January, 1994, the result of which was declared on 16th March, 1994. The petitioner was placed at Serial No. 223 in the main select list and she qualified for admission to Postgraduate Medical Course.
(3.) The respondent no. 2, Director General, Medical Education and Training, U.P. Lucknow for the purposes of counselling called the selected candidates between 10th of May to 13th of May, 1994. In view of clause 'G' (IV) of brochure issued by the Lucknow University it was obligatory on the respondent no. 2 to have displayed all the available seals in different Courses/Colleges at the time of counselling so that the candidates may choose any one of the available seats according to their merit. At the time of counselling it was disclosed that MS of Ophthalmalogy in Lala Lajpat Rai Medical College, Meerut (LLRM College) was available. The petitioner opted for the same and when she joined the college on 18th of May, 1994, she came to know that the said course was not recognised by the Medical Council of India. The petitioner immediately made representation to the Director General Medical Education, Opp. Party no. 2 and requested that she may be granted any vacant seat in the said speciality in either of the three medical colleges, viz, K.G.M.C. Lucknow, M.L.N. Medical College, Allahabad and G.S.V.M. College, Kanpur. She also made clear that if no seat in the said speciality is available, then she may be considered for admission to MS of Gynaecology/Obstetrics, Paediatrics or Radio Diagnose. Copy of the said representation is Annexure-5 to the writ petition.;