- (1.) The petitioner, who is a Doctor, is in employment of the State Government in P.M.S. Cadre, he has preferred this writ petition seeking the relief of issuance of a writ in the nature of mandamus commanding the opposite parties to invite the petitioner in Departmental Assessment Test and Interview of M.Ch. (Surgical Gastroentrology) Course of Sanjai Gandhi Post Graduate Institute of Medical Sciences, Lucknow. A further relief in the nature of mandamus has also been prayed for commanding the opposite parties to consider the petitioner as sponsored candidate of U. P. Government and allow him to participate in the selection of M.Ch. (Surgical Gastroentrology) Course of Sanjai Gandhi Post Graduate Institute of Medical Sciences, Lucknow.
(2.) The relevant facts stated in the writ petition, Counter affidavit, Rejoinder affidavit and other Supplementary Rejoinder-Affidavits, may be stated.
(3.) The petitioner, in pursuance of advertisement No. 32/93 issued by the Sanjai Gandhi Post Graduate Institute of Medical Science, Lucknow, hereinafter referred to as S.G.P.G.I., applied for admission to M.Ch. (Surgical Gastroenterology) Course. It is said that he applied in reserved category (U. P. Government). The petitioner satisfying the minimum qualification of M.S. (General Surgery) required for admission to M.Ch. (Surgical Gastroenterology) Course. The application form submitted by the petitioner has been annexed as annexure No. 2 to the writ petition. It mentions "reserved category (U. P. Govt.)" and further that "departmental permission awaited". According to the petitioner the advertisement (Annexure No. 1 to the writ petition) reveals that these two posts in 'Surgical Gastroenterology' are in reserved category and further that the reservation shall be followed as peril. P. Rules. In pursuance of the petitioner's application, Admit Card was issued to the petitioner to appear in M.Ch. entrance examination. The petitioner appeared in theory examination on 12-12-1993. According to the petitioner in the Information Brochure for admission to Post Graduate Course of S.G.P.G.I., it has been clearly mentioned that following theory examination the candidate will be called for departmental test and interview. Thereafter, the departmental faculty shall judge the suitability of the candidate keeping in view practical knowledge of the subject, academic knowledge of the subject and aptitude for research and teaching. The petitioner then stated that the Brochure does not reveal that any specific criteria that has to be applied for qualifying the theory examination before being called for departmental test and interview is must. The petitioner has expressed his belief that he has scored 65% marks in theory examination. That on 13-12-1993 i.e. the day after theory test, list declaring the names of the candidates who were called to undergo departmental test was published. The petitioner did not figure in it, hence he preferred a representation to the Executive Registrar of the S.G.P.G.I.M.S., Lucknow. In the representation the petitioner expressed his serious reservations against omission in the list of successful candidates. The representation has been annexed as annexure No. 5 to the writ petition. On 13-12-1993, fifteen candidates appeared in the departmental test and interview but on 14-12-1993, the departmental test and interview proceedings were cancelled. The petitioner alleges that it was done due to some irregularities which had been apprehended by the petitioner. The petitioner has then submitted that he was the only sponsored candidate by the U. P. Government and was eligible for reservation available to such candidate under Government Rules. Then the petitioner has said that S.G.P.G.I.M.S., Lucknow, has been accepted by Ministry of Human Resources Development, Government of India as a University on the same basis as the All India Institute of Medical Sciences, New Delhi and Post Graduate Institute of Medical Education and Research, Chandigarh. The concerned Office Memorandum dated 20-5-1988 has been annexed as annexure No. 6 to the writ petition. According to the . petitioner in All India Institute of Medical , Sciences, New Delhi procedure for admission of the sponsored candidate is expressly mentioned. It is provided that the candidates who are sponsored by the State Government -or Armed Forces, the sponsored candidates will be necessarily invited in written and clinical test of D.M./M.Ch./M.H.A. The extract of Information Brochure of All India Institute of Medical Sciences revealing procedure for ' admission for the sponsored candidate has been annexed as annexure No. 7 to the writ petition. The petitioner has stated that the petitioner is a permanent Government employee posted in Balrampur Hospital, Lucknow as Surgeon. He sought permission of State Government to appear in M.Ch. Course of S.G.P.G.I.M.S., Lucknow. The letter bearing the recommendation of the Director and Chief Superintendent Balrampur Hospital, Lucknow, is attached as annexure No. 8 to the writ petition. It has also been mentioned that later on Director Medical, Health and Family Welfare, Lucknow, too recommended the petitioner's candidature to appear in the entrance examination. The petitioner has placed reliance on Agenda Item No. 16 approved by the Academic Board of S.G.P.G.I. dated 27-3-1991 for his being considered preferentially as candidate in reservation quota for selection. The extract of the said Agenda has; been annexed as annexure No. 9 to the writ petition. The petitioner has then submitted that as in All India Institute of Medical Sciences, extra seats are created for sponsored candidate, the same pattern substantiates the petitioner's genuine and rightful claim for admission to M.Ch. Course and if it is not done, the petitioner shall suffer formidable injustice. Based on the above allegations, the petitioner has raised grounds for seeking reliefs stated above. Basically the ground stated in that since the petitioner is a sponsored candidate by the U. P. Government, therefore, it is his substantive right to appear in the departmental test and interview.;