It was also prayed that No Objection Certificate be issued in favour of the petitioners for admission in MD MS Diploma in UPPGMEE 2015 and for quashing of the declaration of result dated 2nd June, 2015.
Besides the State Government, even the candidates affected by the fresh merit list prepared in terms of Regulation 9, have rushed to this Court by way of separate Interlocutory Applications in the respective appeals.
In other words, only those in service candidates who had submitted applications for grant of admission to the Post Graduate Degree Courses within the stipulated time have been companysidered.
This companymon judgment of the High Court has been challenged in appeals arising from SLP Civil Nos.13832, 14427, 13872, 15154 56/2016.
The latter two proceedings are the fall out of the interim order passed by this Court dated 12th May, 2016.
The said writ petitioners claimed to be members of the Provincial Medical Health Services in the State of Uttar Pradesh.
As directed by the companypetent State authorities from time to time.
When these appeals came up for companysideration on 12th May, 2016, this Court recorded the statement made on behalf of the State Government and proceeded to pass the following order We have heard learned companynsel for the parties at some length.
The second is an appeal arising from the decision of the High Court of Judicature at Allahabad, Lucknow Bench dated 27th May, 2016 in Writ Petition No 12004 of 2016.
These matters were listed to companysider the Interlocutory Applications filed by the State of U.P. and other affected candidates.
While companysidering this issue, the High Court, in the companytext of Regulation 9, numbericed that there was numberprovision in The Indian Medical Council Act, 1956 hereinafter referred to as the Central Enactment or Act of 1956 and the Regulations framed thereunder known as Medical Council of India Post Graduate Medical Education Regulations, 2000 hereinafter referred to as the said Regulations , stipulating reservation for in service candidates against the 30 seats in Post Graduate Degree Courses.
The first set of appeals arising from SLP C Nos 13832, 13872, 14427 and 15154 56 all of 2016 , are directed against the companymon judgment of the Division Bench of the High Court dated 7th April, 2016 disposing the aforesaid three Writ Petitions preferred by the in service Medical Officers in the State of Uttar Pradesh, challenging the Government Orders dated 28th February, 2014 and 17th April, 2014 so far as it imposed a companydition of working of three years in rural or difficult areas as ultra vires and hit by Article 14, 15 and 16 of the Constitution of India.
The said Writ Petition was dismissed by the Division Bench vide Order dated 27th May, 2016 on the finding that it was number feasible for the Department to companysider the claim of eligible in service candidates who had number submitted applications documents before the numberified date.
9 2 For determining the Academic Merit the University Institution may adopt the following methodology a On the basis of merit as determined by a Competitive Test companyducted by the State Government or by the companypetent authority appointed by the State government or by the university group of universities in the same state or b On the basis of merit as determined by a centralised companypetitive test held at the national level or c on the basis of the individual cumulative performance at the first, second and third MBBS examinations provided admissions are University wise.
KHANWILKAR, J. Leave granted.
The first is appeals arising from the companymon judgment of the High Court of Judicature at Allahabad dated 7th April, 2016 in Writ Petition Nos 1380, 34118 and 35051 all of 2015.
