- (1.) BRIJESH Kumar, J. In all the above noted writ petitions, the question involved for consideration is the same. Hence they are being disposed of by one order.
(2.) HEARD learned counsel for the petitioners as well as learned State Counsel and Sri Sandip Dixit who has put in ap pearance on behalf of Director General, Medical Education and Training as well as on behalf of Agra Medical College. The parties have also exchanged their affidavits. Therefore, with the agreement of the learned counsel for the parties, the writ petitions are being finally disposed of. All the petitioners after completing their M. B. B. S. course had appeared in the Post Graduate Medical Entrance Examina tion which is conducted for admission to the Post Graduate Course, namely, M. D. , M. S. and Post Graduate Diploma course. They were given admission in different course in different medical colleges but they are not given the subjects of their choice. Some of such persons approached this Court with the grievance that due to wrong implemen tation of reservation policy, they had not been given admission in the subject/special ly of their choice. This Court upheld the contention in writ petition No. 1040 (MS) of 1993- Dr. Ram Kumar and others v. State of U. P. and others decided on 24-5- 93. The State, it is informed, preferred Special Leave Petition in the Hon'ble Supreme Court which was dismissed. Hence, it ap pears fresh exercise was undertaken im plementing the reservation policy in the matter of admission as held by this Court, as a result of which subjects of course a study of the petitioners had been reshuffled and they have been allocated seats for Post Graduate course in different subjects as indicated in the writ petitions. It delayed starting of their Post Graduate course of study. Since the period of the course allocated earlier which they had undergone for some time could be of no avail in different subjects of study but pursuing reckoning the period of three years from the date, the petitioners had started the course first allocated to them implementing the reservation policy in a wrongful manner. It has been objected to by the petitioners. It is submitted that the petitioners were not at fault and the right subjects should have been allocated to them as subject of their study according to their choice. It is further submitted that they would have got the same course initially as well, had the reservation policy not been wrongly applied. It is sub mitted that the petitioners are entitled to continue to get the stipend as Junior Resi dents during the currency of the courses of their Post-Graduate Study which started on correct -implementation of reservation policy. On behalf of the opposite parties, it has been submitted that the petitioners could not claim stipend as Junior Residents for more than a period of three years and the period during which they had been pursuing those different course for some time and has been paid the stipend, that will have to be adjusted in three years' course even chough, the petitioners were allowed to pursue the correct course later. We, however, find no merit in the submission. The Residency seems to have been provided for Post-Graduate students by way of improvement of Post-Graduate Education and Training. This would be evident from the Scheme promulgated by the State Government dated October 9,1990, a copy of which has been filed as Annexure-1 with the sup plementary affidavit filed today on behalf of the opposite parties in writ petition No. 4 of 1997 (SB ). It very clearly provides that during the period of three years Post Graduate course of M. D. , M. S. the Junior Residents shall be called Junior Residents First Year, Junior Residents Second Year and Junior Residents Third Year respective ly and the duration of the same shall be one year each.
(3.) A perusal of clause (3) of the Scheme also indicates that Junior Residen cy is almost a part of the course of the Post Graduate Education which appears to have been provided with a view to improve the Post-Graduate Education and Training. The period of Junior Residency, it appears begins and ends with the course of M. D. , M. S. or Post Graduate Diploma Course. Therefore, period of Training as Junior Resident spent in other subjects, as wrong fully allotted, than in which the student is pursuing his course of study cannot be made a part of the Post-Graduate Education un dertaken by the students on correct allot ments. The whole course has to be gone through afresh in the particular speciality and the period spent in pursuing a different course cannot be adjusted in the new course. Therefore, we find no force in the conten tion raised on behalf of the opposite parties that since they had been paid their stipends in the earlier course which was being pur sued due to wrong allocation of subject of study, the same be adjusted in the new course. In the new course the subject of study as well as Practical Training as Junior Resident has to be in the same discipline or speciality. In view of the above, we are of the view that a student cannot be denied stipend admissible as Junior Resident while pursu ing the course of M. D. , M. S. and Post-Graduate Diploma, during the prescribed period. Learned counsel appearing for the opposite parties and the Director General, Medical Education and Training, have drawn our attention to clause (ii) of the Scheme that the admissible perquisites and conditions of service of all students under the scheme shall be regulated by the Government Orders to be issued separately. He has also very fairly indicated the Govern ment Order issued in that regard, a copy of which has been filed as Annexure 3 dated August 5,1992, which says that the stipend shall be made admissible to the Junior Resi dents during the period of study of the course which is three years for Post-Graduate course of M. D. , M. S. and two years for Post Graduate Diploma. There is no other Government Order which may have been issued making curtailment in the matter of payment of stipend during the course of study of M. D. , M. S. or the Post Graduate Diploma. Therefore, payment of stipend during the currency of Post-Graduate course would be in consonance with clause (ii) read with the Government Order dated August 5,1990.;