S.C. Mathur, J. - (1.) BEING unable to obtain admission to M.D. Paediatrics Course in the Session 1986 -88 in King George's College, Lucknow for short KGMC, Dr. Madan Lal Agrawal has, through the instant petition approached this Court for a writ of mandamus to command opposite parties 1 to 3, namely, the State of U.P., The Director of Medical Education and Training and the Principal, KGMC to admit to the Course in question. The petitioner's plea is that while he has been denied admission, ineligible candidates have been granted admission. The candidates against whom ineligibility is alleged are Dr. Manoj Kumar Singh and Dr. Jitendra Kumar Issar who have been impleaded as opposite parties 4 and 5. A few facts necessary for the disposal of the petition may be noticed. According to the petitioner he possessed the requisite qualification for obtaining admission to the Course in question. Accordingly he applied for admission as did opposite parties 4 and 5. In paragraph 13 of the writ petition the petitioner has indicated the period for which opposite party No. 4 Dr. Singh has done the house job. It is stated that he did the said job from 3 -6 -1985 to 26 -6 -1985 and thereafter from 3 -7 -1985 to 7 -6 -1986. At the time of arguments the learned counsel for the petitioner submitted that the period of one year prescribed for housemanship by the Medical Council of India is short by one day in the case of Dr. Singh. In paragraph 13 -A it is stated that Dr. Singh obtained full registration with the State Medical Council on 14 -6 -1985. It is pleaded that the period commencing on 3 -6 -1985 and ending on 13 -6 -1985 cannot be counted towards house -man -ship. On these grounds it is alleged that Dr. Singh bad not done house -man -ship for full one year.
(2.) IN respect of opposite patty No. 5 Dr. Issar it is stated in paragraph 14 that he did house job from 1 -6 -1985 to 30 -11 -1985 in medicine and from 1 -12 -1985 to 31 -5 -1986 in Paediatrics. In paragraph 14 -A it is stated that Dr. Issar obtained registration with the State Medical Council on 4 -11 -1985 and, therefore, the period between 1 -6 -1985 10 4 -11 -1985 is to be excluded in counting the period of house -manship. On this basis the petitioner claims that Dr. Issar had not done housemanship for one year as prescribed by Medical Council of India. The Medical Council of India has laid down criteria for selection of candidates for admission to Post Graduate Course. It is not disputed between the parties that the said criteria have been approved as Regulations by the Government of India under section 33 of the Indian Medical Council Act, 1956 and are, therefore, statutory. The criteria relevant for the purposes of the present petition are as follows: - - (a) Students for post -graduate training should be selected strictly on merit judged on the basis of academic record in the undergraduate Course. All selection for post -graduate studies should be conducted by the Universities. (b) The candidates should have obtained full registration i.e. they must have completed satisfactorily one year of compulsory rotating internship after passing the final M.B.B.S. Examination and must have full registration with State Medical Council. (c) They must subsequently have done one year's house -man -ship prior to admission to the post -graduate degree or diploma course. Housemanship should preferably be for one year in the same subject or atleast six months in the same department and the remaining six months in an allied department. Provided that in departments like Radiology/Anesthesiology/Physical Medicine and Rehabilitation were suitable candidates, who have done house -man -ship in the respective subject for the respective speciality are not available then house -man -ship in Medicine and Surgery may be considered as sufficient. Under the above criteria a candidate seeking admission to a post -graduate Course has to complete one year's house -man -ship Before a house -man -ship a candidate has to pass M.B.B.S., Examination and complete one year of compulsory rotating internship In clause (c) the word 'subsequently' has been used. On account of the use of this word the learned counsel for the petitioner submits that the house -man -ship should start after the candidate has obtained registration with the State Medical Council. It is for this reason that the learned counsel for the petitioner presses that the period prior to the date of registration has to be excluded for counting the period of house -man -ship done by the candidate.
(3.) ON behalf of the opposite parties 1 to 3 no counter -affidavit has been filed but the learned Standing Counsel has opposed the writ petition. He has also filed a copy of the instructions received by him from the Principal KGMC. On behalf of opposite party No. 4 Dr. Manoj Kumar Singh, a counter affidavit has been filed.;