Full Judgment Text
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PETITIONER:
DR. AMBESH KUMAR ETC. ETC.
Vs.
RESPONDENT:
PRINCIPAL, LLRM MEDICAL COLLEGEMEERUT AND ORS. ETC. ETC.
DATE OF JUDGMENT19/12/1986
BENCH:
RAY, B.C. (J)
BENCH:
RAY, B.C. (J)
SEN, A.P. (J)
CITATION:
1987 AIR 400 1987 SCR (1) 661
1986 SCC Supl. 543 JT 1986 1124
1986 SCALE (2)1211
CITATOR INFO :
F 1987 SC2034 (19)
R 1992 SC 932 (9)
ACT:
Education, medical--Admission to Post-graduate
medical courses--Indian Medical Council prescribing certain
qualifications for admission--State Government prescribing
an additional condition, as regards the selection according
to merit of a minimum of 55% and 52% marks in MBBS respec-
tively for admission to Degree and Diploma courses--Whether
the said order is repugnant to or encroaches upon or in
conflict with the power of the Central legislature to make
laws in respect of matters specified in Entry 66 of List I
of the Seventh Schedule to the Constitution--Constitution of
India, Article 162 and Entry 25 of List III and Entry 66 of
List I of the Seventh Schedule, scope.
HEADNOTE:
While the Central Government as well as the Parliament
has the power to make laws under Entry 66 of List I of the
Seventh Schedule for the purpose of "coordination and deter-
mination of standards in institutions for higher education
or research and scientific and technical institutions", the
State Government by virtue of the executive powers vested
under Article 162 of the Constitution has also the power to
make laws under Entry 25 of the Concurrent List III of the
Seventh Schedule in respect of "Education, including techni-
cal education, medical education and universities, subject
to the provisions of Entries 63, 64, 65 and 66 of List I;
vocational and technical training of labour".
In accordance with the provisions of section 33 of the
Indian Medical Council Act, 1956, the Medical Council with
the previous sanction of the Central Government made the
Regulations laying down the standards of proficiency to be
obtained and the practical training to be undertaken in
medical institutions for grant of recognised medical quali-
fication. The said Regulations lay down the criteria for
selection of candidates for post-graduate training and one
such criteria is "students of post graduate training should
be selected strictly on merit judged on the basis of academ-
ic record in the undergraduate course".
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While inviting applications by its notice dated 15.10.82
for admission to the various post graduate courses in degree
and diploma in the
662
different specialities the State Government issued an order
dated 15.12.82, para 6 of which was to the effect that "No
candidate shall he eligible for admission to post graduate
degree or diploma course, who has obtained less than 55% and
52% marks respectively for the two courses (Degree and
Diploma) in merit calculated in accordance with para 2 of
the said notice."
Some of the candidates who were denied admission on the
ground that they have obtained less than the prescribed
percentage of marks have approached the Supreme Court under
Article 32 of the Constitution and some others have come by
way of special leave having lost their writ petitions before
the Allahabad High Court.
The only question that arose was the competency of the
State Government to prescribe the minimum marks obtained in
MBBS for admission to post graduate courses and whether such
an order is in conflict with the power of the Central Legis-
lature to make laws in respect of matters specified in Entry
66 of List I of the Seventh Schedule.
Dismissing the appeals and the petitions, the Court,
HELD: I.1. The State Government order dated 15.12.82
has not in any way contravened or encroached upon the power
of the Central Legislature to make laws or the Central
Government to make orders in regard to matters provided in
Entry 66 of List 1 of Seventh Schedule to the Constitution-
There is no conflict between the Regulations and also the
order in question. The State Government by laying down the
eligibility qualification namely the obtaining of certain
minimum marks in the MBBS examination ’by the candidates has
not in any way encroached upon the Regulations made under
the Indian Medical Council Act nor does it infringe the
central power provided in the Entry_ 66 of List I of the
Seventh Schedule to the Constitution. The order merely
provides an additional eligibility, qualification-[672C-F]
1.2 The State Government can in exercise of its execu-
tive power under Article 162 of the Constitution make an
order relating to matters referred to in Entry 25 of the
Concurrent List in the absence of any law made by the State
Legislature- The impugned order made by the State Government
pursuant to its executive powers laying dawn the eligibility
qualification for the candidates to he considered on merits
for admission to the post-graduate courses in Medical Col-
leges in the State, is valid and it cannot he assailed on
the ground that it is beyond the
663
competence of the State Government to make such order pro-
vided it does not encroach upon or infringe the power of the
Central Government as well as the Parliament provided in
Entry 66 of List I. The impugned order dated 15.12.82 lays
down the criteria or eligibility qualification i.e. obtain-
ing 55% of marks by candidates seeking admission in the post
graduate degree course and obtaining of 52% marks by candi-
dates seeking admission to post graduate diploma course for
being considered for selection. The order in question merely
specifies a further eligibility qualification for being
considered for selection for admission to the post graduate
courses (degree and diploma) in the medical colleges in the
State in accordance with the criteria laid down by the
Indian Medical Council. This does not in any way encroach
upon the Regulations that have been framed under the provi-
sions of section 33 of the Indian Medical Council Act. On
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the other hand in order to promote and further the determi-
nation of standards in institutions for higher education,
the State Government who runs these colleges provide an
additional eligibility qualification, under its own right.
[669E-G; 670D-H]
1.3 In the instant case the number of seats for admis-
sion to various post-graduate courses both degree and diplo-
ma in Medical Colleges is limited and a large number of
candidates undoubtedly apply for admission to these courses
of study. In such circumstances the impugned order laying
down the qualification for a candidate to he eligible for
being considered for selection for admission to the said
courses on the basis of the merit as specified by Regula-
tions made under the Indian Medical Council Act, cannot be
said to he in conflict with the said Regulations or in any
way repugnant to the said Regulations. It does not in any
way encroach upon the standards prescribed by the said
Regulations. On the other hand by laying down a further
qualification of eligibility it promotes and furthers the
standard in an institution. [671D-E]
State of A.P. & Ors. v. Lavu Narendranath & Ors. etc.,
[1971] 3 SCR 699; R. Chitralekha and Anr. v. State.of Mysore
JUDGMENT:
Madras & Ors., [1968] 2 SCR 786, referred to.
&
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6016 of
1983 etc.
From the Judgment and Order dated 3.5.1983 of the Alla-
habad High Court in Civil Misc. Writ Petition No. nil of
1983.
Yogeshwar Prasad, R.K. Garg, Mrs. Rani Chhabra, V.J.
664
Francis, N.M. Popli and D.K. Garg for the Appellants.
Anil Dev Singh and Mrs. Shobha Dikshit for the Respondents.
The Judgment of the Court was delivered by
B.C. RAY, J: All these matters involve a common question
of law as to whether the notice dated 15.12,. 1982 issued by
the Government of Uttar Pradesh laying down the qualifica-
tion regarding eligibility of a candidate to be considered
for admission to the post-graduate degree in M.D., M.S. and
diploma course in M.D., M.S. etc. 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.
Civil Appeal No. 6119 of 1983 is against the judgment
and order dated 22.4. 1983 made in Civil Misc. Writ Petition
No. 946 of 1983 by the High Court of Allahabad dismissing
the writ petition holding that it was within the competence
of the State Government to issue the aforesaid notice laying
down the qualification of eligibility for being considered
for admission to the post-graduate course by issuing notice
dated 15.12.1982 and that the said notice is not repugnant
to or encroach upon the field covered by Entry 66 of the
List I of the Seventh Schedule to the Constitution.
Special leave 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. Nil raising the identical question i.e.
challenging the aforesaid notice 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
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such notice dated 15.12.1982 and raising the similar ques-
tion of law.
The salient facts of all these cases in brief are as fol-
lows:-
In accordance with the provisions of Section 33 of the
Indian Medical Council Act, 1956, the Medical Council with
the previous sanction of the Central Government made the
Regulations laying down the standards for proficiency to be
obtained and the practical training to be undertaken in
medical institutions for grant of recognised medical quali-
fication. The said Regulations as approved by the
665
Central Government lay down the criteria for selection of
candidates for post-graduate training as follows:-
"(a) Students of post-graduate training should
be selected strictly on merit judged on the
basis of academic record in the undergraduate
course. All selection for post-graduate stud-
ies should be conducted by the Universities.
(b) The candidates should have obtained full
registration i.e. they must have completed
satisfactorily one year of compulsory rotating
internship after passing the final MBBS exami-
nation and must have full registration with
State Medical Council.
(c) They must subsequently have done one
year’s housemanship prior to admission to the
post-graduate degree or diploma course.
House-manship should preferably be for one
year in the same subject or at least six
months in the same department and the remain-
ing six months in an allied department provid-
ed that in departments like Radiology/ Anaes-
thes, biology/physical medicine and Rehabili-
tion where suitable candidates who have done
housemanship in Medicine and/or in the surgery
may be considered as sufficient.
Must have alternatively worked as a Full time
postgraduate student in a manner equivalent to
housemanship requirements, in the department
concerned before taking up the post-graduate
courses."
The post-graduate Committee was of the opinion that in
order to determine the merit of a candidate for admission to
post-graduate medical courses, (i) his performance at the
MBBS examination; (ii) his performance during the course of
internship and housemanship for which a daily assessment
chart be maintained and (iii) the report of the teachers
which is to be submitted periodically may be considered.
Alternatively the authorities concerned may conduct
competitive entrance examination to determine the merit of a
candidate for admission to post-graduate medical courses.
666
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."
The State Government issued a notice on 15.10. 1982
inviting applications for admission to the various post-
graduate courses in degree and diploma in the different
specialities of the medical colleges. In para 4 of the said
notice it has been specifically stated that the minimum
eligibility qualification of the applicants would be accord-
ing to the recommendations of Medical Council of India.
There are other terms and conditions regarding filling up of
the seats of the various disciplines which being not rele-
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vant for consideration in these matters, are not mentioned
herein. The terms and conditions of the said notice clearly
stated that the admission will be made as per existing rules
and regulations of the Government and the college and recom-
mendations of the Medical Council of India. 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 courses (Degree &
Diploma) in merit calculated in accordance
with para 2 of the said notice:"
Para 2 of this notice lays down the manner of determin-
ing the merit of a candidate for the purpose of considering
his admission to the post-graduate course in State Medical
Colleges.
In accordance with the said Government Order dated
15.12.1982, a candidate in order to be eligible for consid-
eration for admission to the post-graduate course on merit
must have secured 55% marks for admission to post-graduate
degree course and 52% marks for admission to the post-gradu-
ate diploma course. Thus a candidate having not secured the
requisite marks in MBBS examination will be ineligible for
consideration on the basis of merit for admission to the
various post-graduate courses in medical college. The unsuc-
cessful candidates who are not eligible for consideration
according to this Government Order have questioned the
power’ of the State Government in making the aforesaid order
on the ground that the Medical Council by its Regulations
has already laid down the requisite criteria or standards
for admission to the post-graduate courses in the Medical
Colleges in accordance with the merits of the candidates
con-
667
cerned and as such the State Government is not competent to
lay down further eligibility qualification for the candi-
dates for being considered for admission in the post-gradu-
ate courses--both in the degree and diploma courses. It has
also been contended that the State Government is not compe-
tent to lay down or prescribe the said qualification which,
it is alleged, encroaches upon the power of the Central
Government as provided in Entry 66 of List 1 of the Seventh
Schedule. It has also been pleaded in the petition that
Entry 25 of List III of Seventh Schedule to the Constitution
is subject to the provisions of Entry 66 of List I and as
such the said Government Order being repugnant to the Regu-
lations made by the Indian Medical Council and approved by
the Central Government pursuant to Section 33 of the Indian
Medical Council Act, is invalid.
The writ petition was heard and was dismissed on 22nd
April, 1983 by the High Court of Allahabad holding that the
State Government is competent to make the Order under Entry
25 of List III of the Seventh Schedule to the Constitution
in exercise of its executive power under Article 162 of the
Constitution of India.
It was further held that the said Government Order does
not, in any way, encroach upon or conflict with the power of
the Central Government to make orders under Entry 66 of List
I of Seventh Schedule to the Constitution, as the screening
envisaged on the basis of the minimum percentage of marks
acts in further implementation of the Regulations made under
the Indian Medical Council Act. It was also held that the
notification in question is prospective in its terms as it
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applies to all candidates who sought admission on or after
15.12. 1982.
It is against this judgment and order the Civil Appeal
No. 6119 of 1983 has arisen by special leave. Similarly
Civil Appeal No. 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. nil of 1983.
Both these Civil Appeals as well as the writ petitions
concern the admission of students in the post-graduate
courses in the Medical Colleges for the session commencing
on 1st April, 1983 and ending on 31st of March, 1984, in
case of diploma course or ending on 31st March, 1985 in case
of Degree course. Undoubtedly, this session has long expired
and as such the applicants in the writ petitions or the
appellants in the said appeals will’ not be benefitted even
if the decision is
668
rendered in their favour. However, we deem it fit and proper
to dwell upon the only contention raised before this Court
regarding the validity of the Government order dated 15.12.
1982 whereby the Government of Uttar Pradesh have specifi-
cally laid down in para 6 of the Order the eligibility
qualification i.e. obtaining of 55% marks or 52% marks for
being eligible for consideration for admission in the post-
graduate degree or diploma courses respectively in accord-
ance with the Regulations made by the Indian Medical Council
for consideration strictly or merit for admission to the
said post-graduate courses both degree and diploma. It has
been urged with some vehemence that it is within the prov-
ince of Medical Council to make recommendations under Sec-
tion 33 of the Indian Medical Council Act prescribing the
standards or criteria for selection of candidates for post-
graduate training and the Central Government accepted them
by framing Regulations. The State Government by its order
dated 15.12.1982 prescribed a further criteria or standard
of eligibility for the candidates to be considered for
admission to post-graduate degree or diploma course and this
is in conflict with the Regulations and as such it is in-
valid as it encroaches upon the power of the Central Govern-
ment provided in Entry 66 of List I of the Seventh Schedule
of the Constitution.
In order to consider and determine this question it is
relevant to look into the Regulations made by the Indian
Medical Council under Section 33 of the said Act. The Regu-
lations have been enumerated at pages-4-5. These Regulations
thus provide that the students of postgraduate training are
to be selected strictly on merit judged on the basis of
academic record in the under--graduate course and that all
selections for post-graduate studies are to be conducted by
the Universities besides looking to the other criteria
regarding rotating internship, housemanship etc. The Govern-
ment of Uttar Pradesh issued a notice on 15.10.1982 inviting
applications in prescribed form for admission to the post-
graduate degree and diploma courses for the different Medi-
cal Colleges of the province. In para 4 of the said notice
it has been specifically provided that the minimum eligibil-
ity qualification of the applicants would be according to
the recommendations of the Medical Council of India. On
15.12.1982, the Government issued another order laying down
the policy and procedure to be followed with regard to the
admission of candidates to the post-graduate courses (both
degree and diploma) in State Medical Colleges. In this order
in para 6 it has been specifically provided that "no candi-
date shall be eligible for admission for post-graduate
degree or diploma course who has obtained less than 55% and
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52% marks respectively
669
for the two courses (degree and diploma) on merit to be
calculated in accordance with para 2 of the said order." It
is this eligibility criteria laid down in the said Govern-
ment order which is the subject matter of challenge in these
appeals and writ petitions before this Court.
The said order modifies to a certain extent the earlier
notification issued on 15.10.1982 inviting applications for
admission to the post-graduate courses as per notification
dated 3.12. 1980. In the notification dated 3.12.1980, the
criteria for admission to the post-graduate courses was on
the basis of merit only. In para 2 of the said order the
manner how the merit is to be determined has been laid down.
In that order there was no such criteria laid down as men-
tioned in the Government order dated 15.12. 1982. Two ques-
tions arise for our consideration which are firstly whether
the State Government is competent to make the aforesaid
order in question in exercise ’of its executive powers under
Article 162 of the Constitution. This Article specifically
provides that the executive powers of the State shall extend
to matters with respect to which the legislature of the
State has power to make laws. Entry 25 of the Concurrent
List i.e. List III of the Seventh Schedule to the Constitu-
tion provides as follows:--
"Education, including technical education,
medical education and universities, subject to
the provisions of Entries 63, 64, 65 and 66 of
List I; vocational and technical training of
labour."
The State Government can in exercise of its executive
power make an order relating to matters referred to in Entry
25 of the Concurrent List in the absence of any law made by
the State Legislature. The impugned order made by the State
Government pursuant to its executive powers laying down the
eligibility qualification for the candidates to be consid-
ered on merits for admission to the post-graduate courses in
Medical Colleges in the State, is valid and it cannot be
assailed on the ground that it is beyond the competence of
the State Government to make such order provided it does not
encroach upon or infringe the power of the Central Govern-
ment as well as the Parliament provided in Entry 66 of List
I. Entry 66 of List I is in the following terms:--
"Co-ordination and determination of standards
in institutions for higher education or re-
search and scientific and technical institu-
tions."
670
The only question to be considered is whether the im-
pugned order is repugnant to or encroaches upon or is in
conflict with the power of the Central Legislature to make
laws in respect of matters specified in Entry 66 of List I
of the Seventh Schedule to the Constitution. The Indian
Medical Council pursuant to Section 33 of the Indian Medical
Council Act had made certain recommendations which have been
embodied in the Regulations made by the Central Government
laying down the criteria or standards for admitting the
candidates to various post-graduate disciplines in the
Medical Colleges of the State. These Regulations, as has
been quoted hereinbefore, clearly prescribe that the candi-
dates should be selected strictly on merit judged on the
basis of academic record in the undergraduate courses i.e.
MBBS Course and this selection should be conducted by the
University. There are also other eligibility qualifications
provided in the said Regulations namely the candidates must
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have obtained full registration i.e. they must have complet-
ed satisfactorily one year of compulsory rotating internship
after passing the final MBBS examination and also they must
have done one year’s housemanship prior to admission to the
post-graduate degree or diploma course.
The impugned Government order dated 15.12. 1982 lays
down the criteria or eligibility qualification i.e. obtain-
ing of 55% marks by candidates seeking admission in the
post-graduate degree course and obtaining of 52% marks by
candidates seeking admission to postgraduate diploma course
for being considered for selection. Entry 25 conforms on the
State Government as well as the State Legislature the power
to make orders in respect of matters mentioned in Entry 25
of List III of the Seventh Schedule to the Constitution i.e.
with regard to medical education the only limitation being
that such order of the State legislature will be subject to
the provisions of Entry 66 of List I i.e. Co-ordination and
determination of standards in institutions for higher educa-
tion or research and scientific and technical institutions.
The order in question merely specifies a further eligibility
qualification for being considered for selection for admis-
sion to the post-graduate courses (degree and diploma) in
the Medical Colleges in the State in accordance with the
criteria laid down by Indian Medical Council. This does not
in any way encroach upon the Regulations that have been
framed under the provisions of Section 33 of the Indian
Medical Council Act. On the other hand in order to promote
and further the determination of standards in institutions
for higher education, the State Government who runs these
colleges provide an additional eligibility qualification. A
similar question crept up in the case of State of A.P. &
Ors., v. Lavu Narendranath &.Ors. etc., [1971] 3 SCR 699. In
671
that case the Government of Andhra Pradesh prescribed for
the first time in July, 1970 an entrance test for admission
to the Medical Colleges and also prescribed the standard for
eligibility for the test. The validity of this order pre-
scribing the entrance test was challenged by some unsuccess-
ful candidates on the ground that it encroaches upon the
central subject listed in Entry 66 of List I of Seventh
Schedule to the Constitution. It was held by the Court that
this test prescribed by the Government in no way militated
with the powers of the Parliament under Entry 66 of List I
of the Seventh Schedule to the Constitution. It was also
held that the Entry conferred power on the Parliament to
make laws for laying down how standards in an institution
for higher education are to be determined and how they can
be co-ordinated. It had no relation to a test prescribed by
Government or by a university for selection of a number of
students from out of a large number applying for admission
to a particular course of study.
In the instant case the number of seats for admission to
various post-graduate courses both degree and diploma in
Medical Colleges is limited and a large number of candidates
undoubtedly apply for admission to these courses of study.
In such circumstances the impugned order laying down the
qualification for a candidate to be eligible for being
considered for selection for admission to the said courses
on the basis of the merit as specified by Regulations made
under the Indian Medical Council Act, cannot be said to be
in conflict with the said Regulations or in any way repug-
nant to the said Regulations. It does not in any way en-
croach upon the standards prescribed by the said Regula-
tions. On the other hand by laying down a further qualifica-
tion of eligibility it promotes and furthers the standard in
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an institution.
The Government who runs these colleges has the right to
prescribe a test of eligibility as has been held by this
Court in the case referred to above.
Similar question came up for consideration before this
Court in the case of R. Chitralekha and Anr. v. State of
Mysore & Ors., [1964] 6 SCR 368. In that case the Government
of Mysore appointed one Selection Committee for settling the
admissions to the Engineering Colleges and another such
committee for settling admissions to Medical Colleges. By a
letter the Government of Mysore intimated the Director of
Technical Education that 25% of the maximum marks for the
examination in the optional subjects shall be fixed as
interview marks for making selection of candidates for
admission to the Engineering Colleges. The Selection Commit-
tee fixed the minimum
672
marks for interview at 75. On the basis of the marks ob-
tained by the candidate in examination as well as in inter-
view, selections were made. This was challenged as infring-
ing upon the power of the parliament to make laws under
Entry 66 of List I of the Seventh Schedule to the Constitu-
tion. It had been held that if the State Legislature pre-
scribed a higher percentage of marks for extra-curricular
activities in the matter of admission to colleges, it could
not be held that such an order directly encroached upon the’
field covered by Entry 66 of List I of Seventh Schedule to
the Constitution. The State Government was held to be within
its rights for prescribing qualifications for admission to
colleges so long as its action did not contravene any other
law.
Similar observation has been made also by this Court in
the case of Minor P. Rajendran v. State of Madras & Ors.,
[1968] 2 SCR 786.
On a consideration of the aforesaid decisions we are
unable to hold that the impugned order dated 15.12.1982 has
in any way contravened or encroached upon the power of the
Central Legislature to make laws or the Central Government
to make orders in regard to matters provided in Entry 66 of
List I of Seventh Schedule to the Constitution. There is no
conflict between the Regulations and also the order in
question. The State Government by laying down the eligibili-
ty qualification namely the obtaining of certain minimum
marks in the MBBS examination by the candidates has not in
any way encroached upon the Regulations made under the
Indian Medical Council Act nor does it infringe the central
power provided in the Entry 66 of List I of the Seventh
Schedule to the Constitution. The order merely provides an
additional eligibility, qualification. We are in full agree-
ment with the reasoning and conclusion of the High Court in
this respect. This contention therefore, in our considered
opinion, is without any merit. It is pertinent to mention in
this connection that the number of seats allotted to each of
the prescribed courses is on the basis of two seats per
professor and there is a crying necessity in the State for
more experts in various disciplines in Medicine and Surgery
etc. It is incumbent on the State Government-to see that all
these seats earmarked for each of these disciplines or
courses are filled up. It appears from Annexure D to the
petition in C.A. No. 6119 of 1983 that quite a considerable
number of seats in various disciplines were kept vacant as
the applicants did not fulfil the eligibility qualification
framed by the State Government by its aforesaid order and as
a result several professors and Assistant professors who are
meant for imparting teaching in these disciplines were kept
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idle though a considerable fund had to be expended for
meeting their emoluments- It is for the
673
State to consider and to see that the seats are filled up in
all the disciplines and they are not left vacant in spite of
a large number of applicants applying for admission in the
various disciplines and the State Government has to evolve
such criteria of eligibility that all the seats in different
M.D., M.S. degree and diploma courses are filled up.
For the reasons aforesaid, the judgments and orders made
by the High Court of Allahabad on April 22, 1983 and May 3,
1983 are confirmed and both the Civil Appeals as well as all
these writ petitions are dismissed. There will however, be
no order as to costs.
S.R. Appeals & Petitions
dismissed.
674