Pradeep Kant, J. - (1.) Despite series of Government Orders, Notifications, Ordinances and Acts, and admissions in Post Graduate Classes in the State Medical Colleges in Uttar Pradesh has been a constant source of litigation for the candidates who seek admission and find themselves discontended with the policy and standard adopted by the authorities in selecting the most talented students for pursuing higher studies in the field of Medical Sciences. The law laid down by the Apex Court, the guidelines provided by various judgments have not yet been able to put the controversy at rest and it becomes necessary after every examination of the Courts to deal with such situation and judicially scrutinise the norms and criteria laid down for the admission and if the norms and reasonable and correct, also to judge as to whether the same have been followed or not.
(2.) Needless to mention that the higher studies in the specialised field like Medical Sciences, if is not an absolute right of most talented students, is certainly their preferential right which should not be jeopardised by any other consideration either by making a policy which does not further the very object of giving a chance to more talented students or otherwise by not following the enunciated policy, or by adopting a long decision process which results into prejudice to more meritorious students. The policy of reservation in admission to M.B.B.S. Course which is the first step towards the professional medical course is already, protected under the legal seal and that is being extended even to the higher courses like Post Graduate Courses and other courses in spite of the verdict of the Hon'ble Supreme Court in Mohan Veer Singh Chawla v. Punjab University, Chandigarh, 1997 (Volume 7) SCC 171 and Indra Sawhaney's case, reported in AIR 1993 SC 477, wherein their Lordship opined that there should not be any reservation in specialised field requiring expert technical and scientific knowledge including the medical courses.
(3.) So far the law of reservation for admission to Post Graduate Classes, is in existence, there cannot be any quarrel in granting reservation to the deserving candidates but the equal concern of protecting the interest of those candidates who are not privileged enough to take an advantage of reservation policy, and/or otherwise more meritorious cannot be brushed aside only for the purpose of accommodating the reserved category candidates by adopting such norms and standard which are not only discriminatory but also are against the constitutional mandate regarding reservation and in violation of law laid down by the Hon'ble Supreme Court. It is also to be checked as to whether, the existing legal and accepted policy, has been followed while giving admission, or not.;