- (1.) O. P. Jain, J. Heard Sri R. B. Singhal, learned counsel for the peti tioner and the learned Standing Counsel for respondents Nos. 1, 2 and 3.
(2.) THE petitioner Dr. Sanjay Sharma passed M. B. B. S. Examination and he did internship from 13-4-1992 to 13-4-1993 in S. R. N. Medical Hospital, Allahabad. He appeared for Post Graduate Medical Entrance Examination 1993 (P. G. M. S. E. 1993 ). He was assigned Roll No. 1783 and was declared successful. According to the petitioner he gave first preference as M. S. (General Surgery ). THE petitioner was, however, given admission in M. D. Pharmacology vide annexure '2'. It is stated on behalf of the petitioner that there were eleven seats in M. S. (General Surgery) out of which nine have been allocated to candidates who qualified in the entrance test (P. G. M. E. E. 1993) and two seats were to be filled up by external candidates through all India Institute of Medical Sciences. As no external candidates have joined M. L N. Medical College, Allahabad two seats have been remitted back to the State of U. P. to be filled up by internal candidates. In substance the contention on behalf of the petitioner is that even today two seats in M. S. Surgery arc lying vacant in M. L. N. Medical College, Allahabad. It may be mentioned at this stage that in spite of opportunity being granted no counter affidavit has been filed by any of the three respondents. On 5-1-1995 this Court passed a clear order that three weeks and no more is granted for filing a counter affidavit. It was also made clear in the order dated 5-1- 1995 that on that date even if no counter affidavits filed the writ petition may be disposed of finally. In spite of such clear directions the respondents have not chosen to file any counter affidavit and, therefore, this Court has no alternative but to accept all the allegations made in the writ peti tion as correct. The learned counsel for the petitioner has very fairly asked for a very innocuous sort of relief. He seeks direction from this Court that the two seats in M. S. Surgery which are lying vacant should be filled up at an early date after taking into consideration the marks obtained by the petitioner and other candidates who may apply for admission to M. S. Surgery. The Principal of M. L. N. Medical College may also keep in view the option given by the petitioner and other candidates. The learned Standing Counsel does not oppose the grant of this prayer.
(3.) IN view of the above, the writ petition is allowed and a mandamus is issued to respondents Nos. 1, 2 and 3 directing them to fill up the two vacancies in M. S. Surgery within a period of one month from the date on a copy of this order is communicated to them. While filling up the seats due weightage will be given to the marks obtained by the candidates in (P. G. M. E. E. 1993) and the options given by them. The case of the petitioner may also be considered alongwith others on; the basis of the above directions. Petition allowed. .;