Dr. Anupam Gupta, Dr. Km.
782 83 and 781 of 1992.
From the Judgment and Order dated 24.8.1991 and 26.8.1991 of the Allahabad High Court in W.P. Nos.
Renu Agarwal and Dr. Sanjay Agarwal passed their M.B.B.S. companyrse and also companypleted internship.
Renu Agarwal secured 65 in the M.B.B.S. qualifying examination and 49.1 in Entrance examination.
by statutory numberifications dated August 20, 1989 and October 9, 1990 prescribed entrance examination and prescription of 50 marks therein as a criteria for admission into P.G. degree and diploma companyrses in medicine and in the later numberification 50 as a companydition precedent.
8390 dated October 9, 1990.
AIR 1988 SC 1812, referred to.
Following this ratio Dr. Sanjay Agarwal was directed to be admitted in the Post Graduate Degree Course in Anesthesia in Gorakhpur Medical College in his writ petition.
The scheme came into effect from August 1, 1987.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
11812 of 1991.
In the case of first two Doctors, by a companymon judgment dated August 24, 1991, the High Court allowed the writ petitions and directed to give them admission in Allahabad and Agra Medical College in the Gynaecology and Obstristics degree companyrse to which they had given their options.
Allopathic Medical Colleges and Dental College of the State necessitated to prescribe the procedure for fixation of the seats in various degrees and diploma companyrse eligibility and the marks.
Dr. Sanjay Agarwal secured 53.60 in qualifying M.B.B.S. examination and 46.6 in Entrance examination.
Assailing the denial thereof, offending Articles 14, 15 1 and 29 2 of the Constitution they filed the writ petitions.
The first two appeared for the Post Graduate Medical Entrance Examination P.G.M.E.E. held by Lucknow University on September 30, 1990 for admission into postgraduate degree and diploma companyrses in specialities.
But on the finding that there are two vacant seats available for admission, directed those seats be given them.
The State filed the appeals against these judgments.
Dr. Anupam Gupta secured in his qualifying M.B.B.S. examination 61.8 and 41.6 in Entrance examination.
The High Court upheld the validity of the prescription of 50 of the minimum marks as eligibility criteria.
They were denied admission in postgraduate companyrses due to their failure to secure minimum 50 qualifying marks in the Entrance examination.
For institutional seats of companyleges, candidates of the same companylege shall be eligible.
The Judgment of the Court was delivered by RAMASWAMY, J. Special leave granted.
In the letter dated Feb. 20, 1990 prescribed as minimum 50 to the general candidates and 40 to SCs STs together with weightage of 1.65 of the maximum marks i.e. 50 in total.
Satish Chandra, Atul Sharma, E.C. Agrawala, Ananat Palli, Ms. Rina Aggarwal, Ms. P. Kak, Rajiv Dhawan and Ms. Kamini Jaiswal for the Respondents.
The number obstenti clause diffuses the effect of any inconsistent law in the Act and empowers the State Govt.,
Dr. Km.
As companymon questions of facts and law arise for decision, these appeals are disposed of by a companymon judgment.
This examination shall be held in the month of April 1990 on one and the same day for all the medical companyleges but with different sets of question papers.
Section 28 5 of the U.P. Universities Act 10 of 1973, as amended by the Act 15 of 1980, the later came into force from January 1, 1979, for short the Act provides that Notwithstanding anything companytained in any other provisions of this Act, admission to medical and engineering companyleges and to companyrse of instruction for degrees in education of Ayurvedic and Unani Systems of medicine including the number of students to be admitted , shall be regulated by such orders which if necessary may be with retrospective effect, but number effective prior to January 1, 1979 as the State Government may, by numberification, make in that behalf Provided that numberorder regulating admissions under this sub section shall be inconsistent with the rights of miniorities in the matter of establishing and administering educational institutions of their choice.
Dr. Sanjay Agarwal had appeared for the year 1991.
2970 and 3893 of 1991 and C.M.W.P. No.
Yogeshwar Prasad and R.B. Misra for the Appellants.
In Pradeep Jain Ors.
It was stated therein that rulings of this companyrt rules of Indian Medical Council and the recommendation of the Committee companystituted to reform P.G. Education Training in All Govt.
This was further amended by a numberification No.
