S.C. Mathur, J. - (1.) The short question arising for determination in this case is whether opposite parties 5 to 12, hereinafter referred to as the opposite parties, who have been admitted to the post graduate course in dental sciences, viz. M.D.S., in King Georges Medical College, Lucknow, for short KGMC, possessed the residence qualification prescribed in Government notification dated August 19, 1983, Annexure 2, issued under Section 28(5) of the U.P. State Universities Act, 1973 (U.P. Act No. 79 of 1974), for short Act. The petitioners were also candidates for admission to the said course but failed to get it. Their plea is that the opposite parties did not possess the residence qualification and were, therefore, not entitled to be admitted to the course in question. On this basis they have prayed for the quashing of the admission granted to them. The petitioners are sanguine that if the opposite parties are ousted, they will get admission against the resultant vacancies, as they satisfy the prescribed qualifications and are also meritorious. On material facts there is no dispute between the parties. They may immediately be stated.
(2.) The petitioners are domiciled in the State of Uttar Pradesh and they obtained their B.D.S. degree from KGMC. To the B.D.S. course they were admitted on the basis of their merit determined at Combined Pre-Medical Tests.
(3.) The opposite parties also obtained B.D.S. degree from KGMC but they did not get admission to the course pursuant to any selection but on the basis of nomination made by the Government of the States in which they were residing. Admittedly at the time of their admission the opposite parties were not having their ordinary residence in the State of Uttar Pradesh. In connection with their B.D.S. course they have stayed in the State of Uttar Pradesh for more than five years.;