R.M. Sahai, J. - (1.) Post Graduate admissions in State Medical College arc assailed every either for breach Government orders issued from time to time under Section 28(5) of State University Act laying down norms of admission or for arbitrary or discriminator exercise of power by the authorities. But this petition presented in February, 1985, by regular batch of students selected in pre-medical test held in 1979, likes much wider and larger issue of far reaching consequences touching upon legality of starting post-graduate courses by the Moti Lal Nehru Medical College, Allahabad (hereinafter referred to as Allahabad Medical College) ignoring institutional inter-relation between under-graduate and post - degree courses. Although, various submissions ranging from arbitrary exercise of power, disregard of practice prevailing in other colleges, violation of equality protected under Article 14 of Constitution of India were advanced but the success or otherwise of this petition depend; primarily on construction of expression, as far as possible used in clause (3) of Government order dated 15th December, 1982 issued under Sub-section (5) of Section 28 of the State Universities Act laying down policy and procedure of admission in post-graduate courses and purported exercise of power by the Principal starting post-graduate courses for 1986 - 87 from January, 1986.
(2.) To properly appreciate the controversy it is necessary to mention that MBBS (Bachelor of Medicine and Surgery) course in the State is of three professionals of one and half year each. It is followed by compulsory rotating inter - ship of one year. Every batch selected for MBBS, therefore, is expected to complete its MBBS in four and half years plus one year. Since pre-medical test is held every year in June, the result of which is announced in July the Session starts usually in August or first week of September. In 1979 also the session Started in first week of September, 1979 but it completed its internship in June, 1985. That is there was delay of six months. Normally it should have come to an end in December. Whether this was due to administrative failure or strike of students as claimed by petitioners and opposite parties respectively is not very material. After completing their internship they joined their house-job which is mandatory for post-graduate degree or diploma course. Its duration is one year. The petitioners were to complete the same in June, 1986. In January, 1986, an advertisement was issued from office of principal, inviting application for selection to post-graduate course in various subjects from candidates who possessed MBBS degree, had completed one year's compulsory Rotating internship training, and had done one year house-job in the subject concerned on 31st December, 1985. Immediately thereafter representatives of 1979 batch gave a representation to the Secretary, Ministry of health, for deferring admissions to post-graduate courses till July, 1985. Main emphasis was on administrative delay and completion of house job of 1978 batch in December, 1985. Similar representations were made to Director and Principal. Since nothing came out of these representations they filed this writ petition on 10th February, 1986 in which affidavits have been exchanged.
(3.) Medical Council of India has made recommendations on post-graduate Medical Education. It was approved as Regulations under Section 33 of the Indian Medical Council Act, 1956 by Government of India. It provides amongst others criteria for selection of candidates and period of training. The selection has to be on merit strictly judged on basis of academic record in the undergraduate course, obtaining of full registration, i. e. satisfactory completion of one year of compulsory rotating internship after passing the final MBBS examination, full registration with State Medical Council and doing of one year's horsemanship preferably for one year in the same subject or at least six months in the same department and remaining Six months in an allied department. Alternatively one must have worked as a full time post graduate student in a manner equivalent to houseman ship or may have worked in State Medical Service etc. In respect of period of training it is provided that the period of training for M.D.M.S. shall be three years after full registration including one year of house - job or equivalent thereof and for Diploma courses, two years after full registration including one year of house - job. What is apparent from perusal of the criteria for selection and training is that post-graduate course is to be of three years. In Dr. Dinesh Kumar v. M.L.N. Medical College, 1984 3 SCC page 654 it was observed that in most of the States the post graduate course was of three years duration and during the first year, the student was expected to do house - job whereas in the State of U.P. a student desirous of joining post-graduate course has necessarily to do house - job for a period of one year after completion of internship. That is one year of house - job and two years of post graduate studies. Technically or in narrow sense one may say that post-graduate course is of two years. But really it is of three years. Thus one year of house - job and two years of post-graduate course cannot be taken in isolation. They are a part of integrated scheme. House job is a part of training. It is not something between internship and post-graduation. It is a part of same process. In fact hose-job is first step on the ladder of post-graduation. A student completing his house-job is entitled as a matter of right to admission to post-graduate courses in the special subject specialised by him subject of course to evaluation of merit and availability of scats out of 75% reserved for internals. Further in a Medical College which provides facilities for imparting education both in MBBS and M.D. or M.S. there has to be inter - relation. That is the students successfully completing MBBS and desirous of pursuing higher studies have to be admitted in post-graduate courses subject to their eligibility. It cannot be comprehended that students of entire batch completing their courses in MBBS can be required to wait on on vacancy principle when 75 percent of the seats in every Medical College, in the system in vagule, are reserved for internal students. Every batch admitted in particular year is entitled to look forward and claim admission to post-graduate courses after five and half years plus one year of house - job. On what rational or principle they can be denied is not easy to understand. Except as argued on absence of any relation between batch of MBBS and commencement of post-graduate courses. It was urged that there was no Government order, rule or even guide - line from Medical Council making and Such provision. The argument was advanced on mis-apprehension overlooking the system of education. No University or even College has a rule that a student of B. A. or B.Sc. shall be admitted to M. A. or M. Sc. Yet normally students of same University arc permitted to pursue higher studies in same institution on principle of institutional preference. In respect of Medical Colleges it stands strengthened by reservation of 75% seats for internals. In these days of strike, normally, by students and, at times even by teachers the sessions and examinations are delayed resulting at times in running of parallel classes for students of different years, or instance due to strike in a University B.A. Part of one academic session may continue in another year. In that year that is second year the students passing Intermediate examinations which took place in time are not denied admission because Part I of earlier year is still continuing. At times two Sessions of B.A. or M.A. or M. Sc. go on simultaneously. Therefore, even in absence of any rule or order the authorities are expected to arrange courses in such a manner that no Student is put to loss of wasting one year or six months. co-relation between M.B.B.S. and M.S. or MD cannot be ignored. It should be adhered to. Any break between House - job and P. G. course should be avoided. Institutional preference recognised in Dinesh Kumar's case shall loose its efficiency if co-relation between under - graduate and post-graduate courses is not maintained.;