ORDER S.H.A. Raza, J.
(1) The petitioners, who have completed the MBBS Course from Lucknow University have prayed for the issue of a writ in the nature of mandamus commanding the opposite parties to admit them into the Junior Residency Scheme of Post-Graduate Classes in KGMC on the basis of merit list prepared by them. It was further prayed that a writ in the nature of mandamus be issued to the opposite parties commanding them to strike down clause IV (Kha) of the Government Order dated 22-8-1989 contained in annexure No. 11.
(2) Clause IV(Kha) of the impugned Government Order stipulates that only those students of MBBS would be eligible for 75% quota, who had got admission into MBBS through CPMT examination conducted by the State Government. It was further provided that those students, who had been transferred from one Medical College to another Medical College within the State would be treated as students of the Medical College from where they had completed their last two professional examinations.
(3) The petitioner of Writ Petition No. 8204 of 1989 appeared in the Pre-Medical Test conducted by Aligarh Muslim University and thereby secured her admission in Jawahar Lal Nehru Medical College, Aligarh, University Aligarh. She completed her first professional examination in June, 1985. Thereafter upon an application preferred by her, the State of Uttar Pradesh by its order dated 18-7-85 transferred the petitioner from Jawahar Lal Nehru Medical College, Aligarh to K. G. M. C, Lucknow in the first term as professional course. The petitioner thereafter completed her professional MBBS course in the year 1988.
(4) The grievance of the petitioner is that although her position is 49th in the merit list she was not given admission to the Junior Residency Scheme of Post-Graduate Classes of KGMC, Lucknow, although she had completed last two professional examinations from KGMC, Lucknow even though her position in the merit list is at serial No. 49. She submitted a representation to the opposite parties but they have not taken any action whatsoever. It was further averred that once the petitioner had been transferred from Aligarh Muslim University to KGMC, Lucknow the opposite parties were duty bound to treat her at par with all the persons who were sitting with her in her class. When the petitioner has completed her MBBS it is not open to the opposite parties to deny her admission to Post-Graduation Classes on the ground that she was a transferred student from Aligarh when in fact the authorities were themselves responsible for the transfer and thus the Government order dated 22-8-89 seeks to discriminate against the petitioner in as much as it seeks to create two different classes of persons who are similarly situated. The classification is not based on any intelligible differentia. The doctrine of promissory estoppel was also invoked for the reason of the fact that after admitting the petitioner and allowing her to complete two years course and awarding a degree of graduation for the MBBS Course the opposite parties cannot retract from their position in denying the applicant the right to attain education in adequate residency scheme of Post-Graduate Class in KGMC, Lucknow.
(5) According to Clause IV(Kha) only those students of MBBS would be eligible for 75% quota who had got admission into, the MBBS through the CPMT examination. Admittedly neither the petitioner secured her admission in the MBBS Course of KGMC, Lucknow through CPMT examination nor she was transferred from one State Medical College to another Medical College. The objective of the Government Order is to limit the admission of those students into Post-Graduate Classes who have not obtained admission through the examination except the CPMT. It is obviously for the purposes of securing highest proficiency and standard for such professional courses, It is the incumbent duty of the Government to guarantee the admission into the Post-Graduate Classes to those students who have been admitted into the MBBS Course on the basis of the CPMT. We cannot shut our eyes from the fact that in some Universities students are admitted into the MBBS Course for the reason of their being past student of the said University. The competition for admission into the course of MBBS is open to certain categories of persons including those who were students in the said University. Thus they are given preferential treatment by reserving certain seats for them.
In some of the Medical Colleges outside the State admissions into the MBBS Course are made after charging high capitation fees. Post-graduate education in professional courses are of high academic standard and if any State adhere to its own standard and allow post-graduate studies for only those student who had crossed the ordeal by securing admission in MBBS Course through the examination conducted by it, it cannot be said that it has differentially treated two classes of persons. Undoubtedly there are two different classes of the students who have passed the MBBS Course. One category of persons consists of those who secured their admission into the MBBS Course after being admitted through the CPMT and the other class consists of those who obtained their admission through other competitive test in the MBBS Classes-and after being transferred from some other University or from other State for obtaining the degree of the MBBS Course joins KGMC, Lucknow. There exists intelligible differentia between those two classes in as much as; both these classes of persons are not similarly situated. Clause IV(Kha) of the Government Order dated 22nd August, 1989, contained in annexure 11 is thus intra vires and is not hit by Arts. 14 and 16 of the Constitution of India. Hence the petitioner cannot be granted relief No. 2 claimed in the writ petition so far as it relates to striking down Clause IV(Kha) of the Government Order dated 22nd Aug., 1989 contained in annexure No. 11.
(6) There is another aspect of the matter which attracted our attention. While admitting the petitioner into the MBBS Course, the attention of the petitioner was not drawn towards the bar which is provided in the aforesaid Government Order. The petitioner was allowed to complete her course for MBBS classes. She was also allowed to participate into the test for admission to Post-Graduate Classes and it is not disputed that certificate of merit was granted to her. The name of the petitioner stood at serial No. 49 of the merit list. She was eligible to be selected for Junior Residency Scheme.
(7) The opposite parties had acquiesced to the transfer of the petitioner from Aligarh to K.G.M.C., Lucknow. At the time of accepting the request of the petitioner for admission into the KGMC, Lucknow on the basis of transfer from Aligarh University to KGMC, Lucknow the opposite parties would have been perfectly justified in informing the petitioner at that time that she would not be entitled for the same in view of the Government Order contained in annexure 11. If she would have been informed at that juncture, she might have changed her plan to seek admission in KGMC, Lucknow but she was allowed to pursue her course and when she completed the course of MBBS securing I5th position in the merit it would be unfair to deny her admission into the Junior Residency Scheme of Post-Graduate Classes in KGMC, Lucknow. In the peculiar circumstances of this case the writ petition deserves to be allowed as far as relief No. 1 of the writ petition is concerned.
(8) As far as the case of petitioner of Writ Petition No. 8200/89 is conerned, she after competing into the competition examination secured admission in Rajendra Medical College. Ranchi on the basis of merit and got herself transferred to KGMC, Lucknow. The Government of Bihar gave a no objection certificate for the transfer of the petitioner to a University outside the State with the condition that once the petitioner got her name cancelled from Rajendra Medical College and got it entered in a Medical College outside the State, it would not be open for her to get herself registered again in the Rajendra Medical College nor even it would be possible for her to secure her name registered as a student in any medical college whatsoever in Bihar. After her transfer from Rajendra Medical College, Ranchi, Bihar the petitioner cleared her second professional MBBS examination in 1986 with first division marks and in the Year 1988 she completed her final MBBS course securing 1st Division marks. Her grievance is similar to the grievance of the petitioner of Writ Petition No. S204 of 1989 although her case is much harsher for the reason of the fact that the Government of Bihar while transfering her to Medical College, Lucknow had put up an embargo that after transfer from Rajendra Medical College, Bihar to KGMC, Lucknow she would not be allowed to be registered in any Medical College.
(9) In view of what we have indicated hereinafter while considering the case of the petitioner in Writ Petition No. 8200 of 1989, the Writ Petition No. 8204 of 1989 also deserves to be allowed. A mandamus is issued to the opposite parties commanding them to admit the petitioners of both the writ petitions, to Junior Residency Scheme in KGMC, Lucknow on the basis of the merit list prepared by them, within a fortnight from the date of production of a certified copy of the order by the petitioner to opposite parties.
(10) However the writ petitions in so far as the grant of relief (ii) are concerned, are dismissed. There will be no order as to the costs.
(11) Petition partly allowed.