S.C. Mathur, J. - (1.) Being unsuccessful in obtaining admission to the D. M. (Paediatrics) Course commencing in 1986 in King George's Medical College, Lucknow, petitioner Dr. (Miss) Piyali Bhattacharya has approached this Court under Article 226 of the Constitution. The facts about which there is no dispute between the parties are as follows.
(2.) There were eight seats in M. D. (Paediatrics) Course, six of which were reserved for internal candidates and two were available in the open category. Prior to 26th April, 1986 advertisement was issued inviting applications for admission to the said eight seats. It was mentioned in the advertisement that admissions will be made in accordance with the Government Notification dated 15-12-1982 issued under sub-section (5) of Section 28 of the U.P. State Universities Act, 1973. The petitioner whose merit index at the M.B.B.S. examination was 65.03%, applied for admission to one of the open seats. Before the selection could be held Government amended the Notification dated 15-12-1982 through Notification issued on 26th April, 1986. Paragraph 4 of the unamended Notification dated December 15, 1982 prescribed as follows : "In every speciality, seventy-five per cent seats in a particular Medical College shall be reserved for the candidates who have passed the M.B.B.S. examination from that college and against the 'remaining' twenty-five percent seats, candidates who have passed M.B.B.S. Examination from other Medical Colleges and are bona fide residents of Uttar Pradesh, shall be eligible for admission on the basis or merit along with the candidates who have passed the M. B B. S. examination from that very College." (Emphasis supplied).
(3.) In view of the use of the word 'remaining' in the above clause admissions were first made against seventy-five per cent seats reserved for internal candidates and only thereafter admissions were made to twenty-five per cent reserved seats. This procedure was changed by the Notification issued on 26th April, 1986. The procedure was reversed. The admissions in question were made by application of the amended Notification. The petitioner's plea is that since the amendment was issued after the advertisement had already been published which specifically mentioned that admissions shall be made in accordance with the Notification dated 15-12-1982, the present selections could not be held on the basis of the amended Notification. A similar plea was raised in writ petition No. 4481 of 1986, Dr. Ashok Kwnar Singh v. State of U.P. and others decided on 29-7-1986. and was accepted. On the same principle this petitioner is also entitled to the relief.;