nil of 1983.
6016 of 1983 arises is also directed against the order dated 3.5.1983 summarily dismissing the writ petition No.
on the basis of merit in accordance with the Regulations made under the Indian Medical Council Act is invalid as it trenches upon Entry 66 of List I of the Seventh Schedule to the Constitution.
Both these Civil Appeals as well as the writ petitions companycern the admission of students in the post graduate companyrses in the Medical Colleges for the session companymencing on 1st April, 1983 and ending on 31st of March, 1984, in case of diploma companyrse or ending on 31st March, 1985 in case of Degree companyrse.
The State Government issued a numberice on 15.10.1982 inviting applications for admission to the various post graduate companyrses in degree and diploma in the different specialities of the medical companyleges.
It is against this judgment and order the Civil Appeal No.
Alternatively the authorities companycerned may companyduct companypetitive enterance examination to determine the merit of a candidate for admission to post graduate medical companyrses.
The terms and companyditions of the said numberice clearly stated that the admission will be made as per existing rules and regulations of the Government and the companylege and recommendations of the Medical Council of India.
Special leave petition No.
In para 4 of the said numberice it has been specifically stated that the minimum eligibility qualification of the applicants would be according to the recommendations of Medical Council of India.
6119 of 1983 has arisen by special leave.
Writ Petition No.
Similarly Civil Appeal No.
Nil raising the identical question i.e. challenging the aforesaid numberice dated 15.12.1982 issued by the State of Uttar Pradesh.
The other writ petitions have been filed before this Court challenging also the power of the State of U.P. to such numberice dated 15.12.1982 and raising the similar question of law.
In accordance with the said Government Order dated 15.12.1982, a candidate in order to be eligible for companysideration for admission to the post graduate companyrse on merit must have secured 55 marks for admission to post graduate degree companyrse and 52 marks for admission to the post graduate diploma companyrse.
946 of 1983 by the High Court of Allahabad dismissing the writ petition holding that it was within the companypetence of the State Government to issue the aforesaid numberice laying down the qualification of eligibility for being companysidered for admission to the post graduate companyrse by issuing numberice dated 15.12.1982 and that the said numberice is number repugnant to or encroach upon the field companyered by Entry 66 of the List I of the Seventh Schedule to the Constitution.
7925 of 1983 out of which Civil Appeal No.
6016 of 1983 has also arisen by special leave against the judgment and order of High Court of Allahabad dated 3.5.1983 made in writ petition No.
There are other terms and companyditions regarding filling up of the seats of the various disciplines which being number relevant for companysideration in these matters, are number mentioned herein.
Thereafter a Government Order dated 15.12.1982 was issued by the Government wherein it has been provided in para 6 to the following effect No candidate shall be eligible for admission to postgraduate Degree or Diploma Course, who has obtained less than 55 and 52 marks respectively, for the two companyrses Degree Diploma in merit calculated in accordance with para 2 of the said numberice Para 2 of this numberice lays down the manner of determining the merit of a candidate for the purpose of companysidering his admission to the post graduate companyrse in State Medical Colleges.
The period of training for M.D., M.S. shall be three years after full registration including one year of house job or equivalent thereof.
Civil Appeal No.
C. Ray, J All these matters involve a companymon question of law as to whether the numberice dated 15.12.1982 issued by the Government of Uttar Pradesh laying down the qualification regarding eligibility of a candidate to be companysidered for admission to the post graduate degree in M.D., M.S. and diploma companyrse in M.D., M.S. etc.
6119 of 1983 is against the judgment and order dated 22.4.1983 made in Civil Misc.
