B.N.Misra, J. - (1.) HEARD counsel for the petitioner and learned standing counsel. The petitioner's grievance is that he has been wrongly denied admission to the M.D. Radiology course at the Motilal Nehru Medical College, Allahabad. His case is that in the department of Radiology there is one Professor, one reader and one Lecturer and that till now only two Doctors have been admitted to the M.D. Radiology course. The petitioner asserts that the aforesaid three teachers are qualified Postgraduate teachers and therefore on the basis of the teacher pupil ratio of 1:1 as recommended by the Medical Council of India, there is one more seat vacant in the M.D. course in Radiology. In the counter filed by the respondent it is inter alia stated that there are only two seats available in the Radiology department for the M.D. course. It is not disputed that there is one Professor, one Reader and one Lecturer in the Radiology department, but it is stated that only two out of the aforesaid three teachers are qualified Post -Graduate teachers. Learned counsel appearing for the petitioner has filed a photostat copy of the application for registration in M.D. Radiology course of Dr. B.N. Srivastava as Annexure 2. This document shows that Dr. Srivastava has been registered for the M.D. Radiology course under the Lecturer in the Radiology department. Admittedly, registration is permitted only if the teacher concerned is a recognised qualified post graduate teacher. It cannot be the case of the respondent that while the lecturer in the department is a qualified postgraduate teacher, the senior teachers, namely the Professor and the Reader are not. In the circumstances, on the basis of the recommendations of the Medical Council of India and as Dr. Srivastava has been registered for his M.D. Radiology course under the Lecturer of the department, it must follow that there were two other seats available and one of them having been filled up, the other is yet vacant. That the petitioner is qualified to be admitted in M.D. Radiology course is not disputed.
(2.) IN the result this writ petition is allowed. Respondent No. 1, the Principal Motilal Nehru Medical College, Allahabad, is directed to admit the petitioner to the M.D. Radiology course for the 1987 session forthwith. No costs.;