Special leave petition No.
In accordance with the said Government Order dated 15.12.1982, a candidate in order to be eligible for companysid eration 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 gradu ate diploma companyrse.
nil of 1983.
Yogeshwar Prasad, R.K. Garg, Mrs. Rani Chhabra, V.J. Francis, N.M. Popli and D.K. Garg for the Appellants.
From the Judgment and Order dated 3.5.1983 of the Alla habad High Court in Civil Misc.
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.
Similarly Civil Appeal No.
Anil Dev Singh and Mrs. Shobha Dikshit for the Respondents.
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.
Nil raising the identical question i.e. challenging the aforesaid numberice dated 15.12.1982 issued by the State of Uttar Pradesh.
1968 2 SCR 786, referred to.
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 recom mendations of the Medical Council of India.
Writ Petition No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is against this judgment and order the Civil Appeal No.
There are other terms and companyditions regarding filling up of the seats of the various disciplines which being number rele vant for companysideration in these matters, are number mentioned herein.
6119 of 1983 has arisen by special leave.
Writ Petition No.
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 ques tion of law.
Thereafter a Government Order dated 15.12.1982 was issued by the Govern ment 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 determin ing the merit of a candidate for the purpose of companysidering his admission to the post graduate companyrse in State Medical Colleges.
nil of 1983.
The Judgment of the Court was delivered by C. RAY, J All these matters involve a companymon question of law as to whether the numberice dated 15.12,.
6119 of 1983 is against the judgment and order dated 22.4.
Madras Ors.,
1983 made in Civil Misc.
on the basis of merit in accordance with the Regulations made under the Indian Medi cal Council Act is invalid as it trenches upon Entry 66 of List I of the Seventh Schedule to the Constitution.
1982 issued by the Government of Uttar Pradesh laying down the qualifica tion 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.
Civil Appeal No.
6016 of 1983 etc.
6016 of 1983 has also arisen by special leave against the judgment and order of High Court of Alla habad dated 3.5.1983 made in writ petition No.
7925 of 1983 out of which Civil Appeal No.
6016 of 1983 arises is also directed against the order dated 3.5.1983 summarily dismissing the writ petition No.
