- (1.) Heard Sri Prashant Chandra, Senior Advocate assisted by Ms. Mahima Pahwa, Advocate for the petitioner, Sri K. Chandra, Counsel for the King George's Medical University, Sri Sanjay Bhasin, Add. Chief Standing Counsel for the State of Uttar Pradesh, Ms Nisha and Ms Disha Chandra, Advocate appearing for private respondents.
(2.) In both the writ petitions, petitioners have assailed the merit list of candidates declared eligible for Counselling in admission to DM/M.Ch. courses inter-alia on the grounds that the prescription as contained in the Information Brochure issued by the Chief Co-coordinator, All India DM/M.Ch. Entrance Examination-2016, King George's Medical University, Lucknow, categorically provides that in case of a tie between two candidates, the candidate entitled for preference shall be on the basis of higher number of marks in the first paper. Further, in case of a tie up and equality of marks in the first paper as well, higher marks in the MBBS shall determine the preference. Furthermore, in case of equality in marks in MBBS as well, the candidate higher in age is to be given preference. However, this procedure has not been adhered to by the authorities and has been given a complete go by causing prejudice to the petitioners.
(3.) Draped in brevity, the facts of the case are that a notification for All India DM/M.Ch. Entrance Examination-2016 was issued inviting applications for admission to DM/M.Ch. courses in different Medical Colleges within the State of Uttar Pradesh. For conducting the said entrance examination, the King Georege's Medical University, Lucknow,[in short 'Medical University'] was nominated by the State Government.;