JUDGMENT N.D. Ojha, J. - The petitioner completed her M.B.B.S. course in the month of April, 1981 and secured 54.9% marks. Subsequently she joined internship at Lala Lajpat Rai Hospital, Kanpur affiliated to Ganesh Shanker Vidyarthi Medical College, Kanpur. She did four months internship from the said hospital and the remaining period of internship was completed by her from Balrampur Hospital, Lucknow. After completing internship she joined house job in July 1982 and completed one year's house job in July 1983. Out of this period, six months of the house job was done by the petitioner in Gynaecology and the remaining six months in surgery in Safdarganj Hospital, New Delhi. Then she made an application for registration to the diploma course in Gynaecology for Ganesh Shanker Vidyarthi Medical College, Kanpur in pursuance of an advertisement which was issued in this regard by the Medical College in the month of April 1984. The petitioner however was refused admission. Aggrieved she has filed this writ petition with the prayer for directing the respondents to admit the petitioner in diploma course in Gynaecology in the year 1984-85. 2. A counter-affidavit has been filed on behalf of the respondents in which it has been stated that admission was refused to the petitioner inasmuch as she had not done housemanship job for one year in Gynaecology or for at least six months each in two allied subjects. 3. Since all the respondents are represented by the Standing Counsel and counter-affidavit and rejoinder-affidavit have been exchanged and there is no private party to be served with the notice of the writ petition, we are of the opinion that it is a fit case where the writ petition may be decided finally at this very stage as contemplated by the Second Proviso to Rule 2 of Chapter XXII of the Rules of Court. 4. Having heard the counsel for the petitioner and the standing counsel appearing for the respondents we are of the opinion that the prayer aforesaid contained in the writ petition deserves to be allowed.
4. Having heard the counsel for the petitioner and the standing counsel appearing for the respondents we are of the opinion that the prayer aforesaid contained in the writ petition deserves to be allowed. Reliance in support of their refusal to admit the petitioner in diploma course as aforesaid has been placed by the standing counsel on behalf of the respondents on the Recommendations on Post Graduate Medical Education made by Medical Council of India These recommendations have been approved as regulations under Section 33 of the Indian Medical Council Act, 1956 by the Government of India and have been published in 1982 as revised up to March, 1982. Reference has been made by the standing counsel to criteria for the selection of the candidates at page l l of the publication. At page 11 of the aforesaid publication are to be found the criteria for the selection of the candidates. They read as follows : "Criteria for the selection of candidates : (a) Students for post-graduate training should be Selected strictly on merit judged on the basis of academic record in the under graduate course. All selection for post-graduate studies 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 M.B.B.S. examination 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. Housemanship should preferably be for one year in the same subject or at least six months in the same department and the remaining six months in an allied department. Provided that in departments like Radiology; Anaesthesiology/ Physical Medicine & Rehabilitation where suitable candidates who have done housemanship in the respective subject for the respective speciality are not available then the housemanship in Medicine and/or in Surgery may be considered as sufficient. Work done by the District Epidemiologists in the P. Falciparum Containment Programme (PFCP) for a period of one year may be considered at par with the requirements of house jobs required for admission to post- graduate course in Social & Preventive Medicine. Alternatively (i) Must have worked as a full-time post graduate student in a manner equivalent to housemanship requirements, in the department concerned before taking up the post-graduate courses.
Alternatively (i) Must have worked as a full-time post graduate student in a manner equivalent to housemanship requirements, in the department concerned before taking up the post-graduate courses. (ii) or worked in State Medical Services, Armed Forces Medical Services or other equivalent services of public undertakings. local bodies. etc. for a period of three years after full registration provided that one year of these three years is spent in a hospital which is compulsory rotating internship or in a command hospital, failing which the aforesaid period of three years would be increased to five years. Provided that in case of service in Armed Forces, this period shall be in addition to one year of compulsory rotating internshi P required for purposes of obtaining the M.B.B.S. degree and full registration. (d) Other conditions being equal, weightage may be given to persons who have worked in rural areas or the Armed Forces Medical Services for at least two years." Similarly at page 18 of the publication under the heading 'Diplomas are to be found criteria for the selection of candidates for the diploma course. They read as follows : "Criteria for the selection of Candidates : (a) Students for Post-graduate diploma courses should be selected purely on merit judged by the academic record in the under- graduate course. (b) The candidates would have obtained full registration i.e. they must have completed satisfactorily one year of compulsory rotating internship after passing the final M.B.B.S. examination and must have registered with the State Medical Council. (c) They must subsequently have done one year's housemanship or as alternative thereof worked in any of the three capacities described earlier." Clause (c) at page 11 of the publication inter alia requires that the candidates must subsequently "have done one year's housemanship prior to admission to the post- graduate degree or diploma course. Housemanship should preferably be for one year in the same subject or at least six months in the same department and the remaining six months in an allied department....... It is true that clause (c) refers to admission to post- graduate degree or diploma course. It is however, significant to note that on page 13 of the publication admission to the diploma course has been separarely and specifically dealt with under the heading 'Diplomas' and sub-heading 'Criteria for the selection of Candidates'.
It is true that clause (c) refers to admission to post- graduate degree or diploma course. It is however, significant to note that on page 13 of the publication admission to the diploma course has been separarely and specifically dealt with under the heading 'Diplomas' and sub-heading 'Criteria for the selection of Candidates'. Clause (c) under this sub-heading contemplates that the candidates must subsequently have done one year's housemanship or as alternative thereof worked in any of the three capacities described earlier. The three capacities described earlier are to be found in sub-clause (ii) at page 11 of the publication under the heading' Alternatively'. We are not concerned in the instant case with those alternatives. On the face of it a clear distinction is to be found in the requirement for admission under Clause (c) at page 11 which deals with post-graduate degree or diploma course and the corresponding clause (c) at page 14 which deals exclusively with admission to diploma course. The requirement at page 11 that housemanship should preferably be for one year in the same subject or at least six months in the same department and the remaining six months in the allied department is conspicuous by its absence in clause (c) at page 14 dealing with admission in diploma course. On the principle contained in the maxim Generalia specialibus non-derogant the criteria prescribed exclusively and especially for admission to a diploma course shall prevail over the criteria prescribed generally to admissions to the post-graduate degree or diploma course. As such the requirement that housemanship should preferably be for one year in the same subject or at least six months in the same department and the remaining six months in an allied department shall in our opinion apply to only admissions to the post- graduate degree course and not to diploma course. The view which we take finds support from a decision of a Division Bench of this Court in Dr. Jolly Jain v. S.N. Medical College, Agra 1982 U.P.L.B.E.C. 418. The denial of admission to the petitioner in diploma course in Gynaecology, therefore, suffers from a manifest error of law. 5. The Standing Counsel then urged that admission was sought by the petitioner in the session 1984-85 and since that session has ended on 31-5-85, the writ petition has become infructuous and it is not possible to grant the relief prayed for therein.
5. The Standing Counsel then urged that admission was sought by the petitioner in the session 1984-85 and since that session has ended on 31-5-85, the writ petition has become infructuous and it is not possible to grant the relief prayed for therein. On the facts of the instant case we find ourselves unable to agree with the submission. We are informed that few seats in diploma course Gynaecology for the year 1984-85 remained unfilled and vacant. The writ petition was instituted before the expiry of the 1984-85 session and by an interim order dated 24-5-85 passed by this Court the respondents were required to permit the petitioner to attend the classes of post-graduate diploma course in Gynaecology in Ganesh Shankar Vidyarthi Medical College, Kanpur, till 31-7-85 subject to any order that may be passed earlier by this Court. There should be no difficulty in permitting the petitioner to continue and complete her course. In Dr. Vinay Rampal v. State of Jammu and Kashmir, AIR 1983 SC 1199 also a similar situation had arisen. In that case the petitioner had sought admission in General Medicines in M.D. Degree College in the year 1981 in pursuance of an advertisement issued on July 25, 1981. A direction was issued by the Supreme Court on 8-8-83 namely, the date on which the aforesaid case was decided requiring the petitioner to be admitted in the aforesaid subject without any rider of test or selection during the current year which was to commence not later than middle of September, 1983. 6. The Standing Counsel then brought to our notice, Annexure 1 to the counter affidavit which purports to contain certain rules of admission framed by the Admission Committee which indicates that even for admission to the post-graduate diploma course one year's experience as house officer in the subject concerned is necessary. In this connection it may be pointed out that it is not the case of the standing counsel that these rules have been framed by the State Government in exercise of the powers conferred on it by S. 28(5) of the State Universities Act 1973. On his own case, as mentioned earlier, this rule purports to have been framed by the Admission Committee. In Writ Petn. No. 482 of 1980, Dr.
On his own case, as mentioned earlier, this rule purports to have been framed by the Admission Committee. In Writ Petn. No. 482 of 1980, Dr. Sheo Prasad Tripathi v. State of U.P., decided on 10-4-1980 the validity of a Government Order dated 14-12-1979 relating to admission to post-graduate courses in the Medical Colleges of the State was challenged. After reference to S. 28(5) of the State Universities Act it was held : "The aforesaid sub-section (5) to S. 28 provides that admissions to medical colleges shall be regulated by such orders as the State Government may, by notification make in that behalf (emphasis supplied). It is thus clear that the State Government has the power to regulate the admissions to medical colleges but the same can be done by such orders as the State Government may by notification make in that behalf and by no other manner." 7. In the result the writ petition succeeds and is allowed. The respondents are directed to admit the petitioner in the post-graduate diploma course in Gynaecology in Ganesh Shanker Vidyarthi Medical College, Kanpur which she has already been attending in pursuance of our interim order dated 24-5-85 and to permit her to complete that diploma course. In the circumstances of the case there shall be no order as to costs. 8. An oral prayer as contemplated by Article 134-A of the Constitution has been made by the standing counsel for the grant of requisite certificate under Article 133(1) of the Constitution. Having heard the learned counsel for the parties we are of the opinion that no substantial question of law of general importance which needs to be decided by the Supreme Court is involved. The prayer aforesaid is accordingly refused.