R.M.Sahai, Om Prakash, JJ. - (1.) Aggrieved by the refusal to admit petitioners in Master of Surgery (M.S.) in Gynaecology and Obstetrics in S.N. Medical College, Agra, Dr. (Miss) Noor Banu, Dr. (Smt.) Sudha Agarwal, and Dr. (Miss) Neelam Banera Nee Jain approached this Court under Article 226 of the Constitution of India. Their petitions were admitted and they were granted provisional admission on, order not favourably commented upon, but which was not only necessary as shall appear hereafter, but its denial could have resulted in grave injustice. Each petitioner had completed her term also but declaration of their results awaits the decision of this Court.
(2.) Dr. (Smt.) Sudha Agarwal obtained her Bachellor's degree in Medicine in December, 1978 from the aforesaid college and Secured 58 percent in aggregate. She completed her internship in January, 1980 and her House - job in January 1980. During this period of one year she worked as Resident paid house Surgeon for approximately nine months and for the remainder she worked as Honorary Clinical Attache. After the House job she was admitted to one year diploma course in Gynaecology and completed the same successfully. In June, 1982 she applied for admission in M.S. Course. But she was excluded from it because she had not completed one year Houseman - ship as the period of Clinical attachment which was honorary could not be tagged to the period as a resident paid House Surgeon which was paid.
(3.) Dr. (Miss) Noor Banu, after graduation from the same College did her internship and house job in 1981, obtained diploma and joined provincial service. In 1982 while she was posted as Medical Officer in Lady Lyal Hospital, Agra, she applied for M.S. Course. Alongwith her application she attached the application sent by her to Director, Medical Health Services for granting her a no objection certificate or to accept her resignation. The application was forwarded by Senior Medical Superintendent (Women), Hospital. She was not admitted because her application was not accompanied by a no objection certificate from the Head of Department nor it was forwarded through proper channel that is, Director of Medical Health Services, Lucknow.;