The appellant applied for admission to the M.D. Paediatrics Course for the academic year 1979 80.
That petition was dismissed summarily by a Division Bench of the High Court on the ground that the relief of mandamus sought by the appellant companyld number be granted to him since he had failed to establish that any of his legal rights was violated.
Appeal by special leave from the judgment and order dated the 23rd April, 1979 of the Allahabad High Court in Civil Misc.
Dr. L. M. Singhvi, and S. K. Verma for the Appellant.
The appellant filed a writ petition in the High Court of Allahabad challenging the decision of the College by which he was denied admission to M.D. Paediatrics .
Mrs. Shobha Dikshit for Respondent Nos.
There were other students who had applied for admission to the M.D. Course in Paediatrics along with the appellant.
The number of seats being limited, admissions were given according to merit and the four students who had secured highest number of marks were given preference to others regardless of the year in which they had passed their M.B.B.S. Examination.
The practice had number ripened into a rule and the University was under numberobligation to admit only those who had passed their D.C.H. Examination.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. The question which arises for companysideration in this appeal is whether the appellant, Dr. K. Khandelwal, is entitled to be admitted to the M. D. Course in Paediatrics of the Agra University and whether in denying him that opportunity, the State has violated any of his legal rights.
Being desirous of prosecuting post graduate studies in Paediatrics, he took a year s house job in the Paediatrics Department of the S. N. Medical College Hospital, which he companypleted in January 1979.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Admittedly, there was numberrule at any time requiring that an applicant seeking admission to the M.D. Course in Paediatrics had to pass his D.C.H. Examination.
He was admitted to the D.C.H. Course but he was refused admission to the D. Course on two grounds First, that amongst the applicants for the M. D. Course in Paediatrics there were four students who had secured higher marks than him in the B.B.S. Examination, and second, that on the basis of the 11 ratio between teachers and students, there were only four seats available for the post graduate companyrse in Paediatrics.
N. Kacker and B. R. Agarwala P. G. Gokhale for Respondent No.
This appeal by special leave is directed against the High Courts order dated April 23, 1979.
Writ No.
The appellant passed his M.B.B.S. Examination from the N. Medical College, Agra, in December 1976 and companypleted his internship in December 1977.
Both the practice and the understanding have been denied on behalf of the College.
2324 of 1980.
2228 of 1979.
He had passed his M.B.B.S. Examination in December 1976.
He then applied for admission to the M. D. Course in Paediatrics for the academic year 1979 80.
Some of them had passed their M.B.B.S. Examination prior to December 1976 and had secured higher marks than the marks obtained by the appellant in the December 1976 Examination.
