JUDGMENT R.M. Sahai, J. - Post Graduate admissions in State Medical College arc assailed every either for breach Government orders issued from time to time under Section 28(5) of State University Act laying down norms of admission or for arbitrary or discriminator exercise of power by the authorities. But this petition presented in February, 1985, by regular batch of students selected in pre-medical test held in 1979, likes much wider and larger issue of far reaching consequences touching upon legality of starting post-graduate courses by the Moti Lal Nehru Medical College, Allahabad (hereinafter referred to as Allahabad Medical College) ignoring institutional inter-relation between under-graduate and post - degree courses. Although, various submissions ranging from arbitrary exercise of power, disregard of practice prevailing in other colleges, violation of equality protected under Article 14 of Constitution of India were advanced but the success or otherwise of this petition depend; primarily on construction of expression, as far as possible used in clause (3) of Government order dated 15th December, 1982 issued under Sub-section (5) of Section 28 of the State Universities Act laying down policy and procedure of admission in post-graduate courses and purported exercise of power by the Principal starting post-graduate courses for 1986 - 87 from January, 1986. 2. To properly appreciate the controversy it is necessary to mention that MBBS (Bachelor of Medicine and Surgery) course in the State is of three professionals of one and half year each. It is followed by compulsory rotating inter - ship of one year. Every batch selected for MBBS, therefore, is expected to complete its MBBS in four and half years plus one year. Since pre-medical test is held every year in June, the result of which is announced in July the Session starts usually in August or first week of September. In 1979 also the session Started in first week of September, 1979 but it completed its internship in June, 1985. That is there was delay of six months. Normally it should have come to an end in December. Whether this was due to administrative failure or strike of students as claimed by petitioners and opposite parties respectively is not very material. After completing their internship they joined their house-job which is mandatory for post-graduate degree or diploma course. Its duration is one year. The petitioners were to complete the same in June, 1986. Whether this was due to administrative failure or strike of students as claimed by petitioners and opposite parties respectively is not very material. After completing their internship they joined their house-job which is mandatory for post-graduate degree or diploma course. Its duration is one year. The petitioners were to complete the same in June, 1986. In January, 1986, an advertisement was issued from office of principal, inviting application for selection to post-graduate course in various subjects from candidates who possessed MBBS degree, had completed one year's compulsory Rotating internship training, and had done one year house-job in the subject concerned on 31st December, 1985. Immediately thereafter representatives of 1979 batch gave a representation to the Secretary, Ministry of health, for deferring admissions to post-graduate courses till July, 1985. Main emphasis was on administrative delay and completion of house job of 1978 batch in December, 1985. Similar representations were made to Director and Principal. Since nothing came out of these representations they filed this writ petition on 10th February, 1986 in which affidavits have been exchanged. 3. Medical Council of India has made recommendations on post-graduate Medical Education. It was approved as Regulations under Section 33 of the Indian Medical Council Act, 1956 by Government of India. It provides amongst others criteria for selection of candidates and period of training. The selection has to be on merit strictly judged on basis of academic record in the undergraduate course, obtaining of full registration, i. e. satisfactory completion of one year of compulsory rotating internship after passing the final MBBS examination, full registration with State Medical Council and doing of one year's horsemanship preferably for one year in the same subject or at least six months in the same department and remaining Six months in an allied department. Alternatively one must have worked as a full time post graduate student in a manner equivalent to houseman ship or may have worked in State Medical Service etc. In respect of period of training it is provided that 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 and for Diploma courses, two years after full registration including one year of house - job. What is apparent from perusal of the criteria for selection and training is that post-graduate course is to be of three years. In Dr. What is apparent from perusal of the criteria for selection and training is that post-graduate course is to be of three years. In Dr. Dinesh Kumar v. M.L.N. Medical College, 1984 3 SCC page 654 it was observed that in most of the States the post graduate course was of three years duration and during the first year, the student was expected to do house - job whereas in the State of U.P. a student desirous of joining post-graduate course has necessarily to do house - job for a period of one year after completion of internship. That is one year of house - job and two years of post graduate studies. Technically or in narrow sense one may say that post-graduate course is of two years. But really it is of three years. Thus one year of house - job and two years of post-graduate course cannot be taken in isolation. They are a part of integrated scheme. House job is a part of training. It is not something between internship and post-graduation. It is a part of same process. In fact hose-job is first step on the ladder of post-graduation. A student completing his house-job is entitled as a matter of right to admission to post-graduate courses in the special subject specialised by him subject of course to evaluation of merit and availability of scats out of 75% reserved for internals. Further in a Medical College which provides facilities for imparting education both in MBBS and M.D. or M.S. there has to be inter - relation. That is the students successfully completing MBBS and desirous of pursuing higher studies have to be admitted in post-graduate courses subject to their eligibility. It cannot be comprehended that students of entire batch completing their courses in MBBS can be required to wait on on vacancy principle when 75 percent of the seats in every Medical College, in the system in vagule, are reserved for internal students. Every batch admitted in particular year is entitled to look forward and claim admission to post-graduate courses after five and half years plus one year of house - job. On what rational or principle they can be denied is not easy to understand. Except as argued on absence of any relation between batch of MBBS and commencement of post-graduate courses. Every batch admitted in particular year is entitled to look forward and claim admission to post-graduate courses after five and half years plus one year of house - job. On what rational or principle they can be denied is not easy to understand. Except as argued on absence of any relation between batch of MBBS and commencement of post-graduate courses. It was urged that there was no Government order, rule or even guide - line from Medical Council making and Such provision. The argument was advanced on mis-apprehension overlooking the system of education. No University or even College has a rule that a student of B. A. or B.Sc. shall be admitted to M. A. or M. Sc. Yet normally students of same University arc permitted to pursue higher studies in same institution on principle of institutional preference. In respect of Medical Colleges it stands strengthened by reservation of 75% seats for internals. In these days of strike, normally, by students and, at times even by teachers the sessions and examinations are delayed resulting at times in running of parallel classes for students of different years, or instance due to strike in a University B.A. Part of one academic session may continue in another year. In that year that is second year the students passing Intermediate examinations which took place in time are not denied admission because Part I of earlier year is still continuing. At times two Sessions of B.A. or M.A. or M. Sc. go on simultaneously. Therefore, even in absence of any rule or order the authorities are expected to arrange courses in such a manner that no Student is put to loss of wasting one year or six months. co-relation between M.B.B.S. and M.S. or MD cannot be ignored. It should be adhered to. Any break between House - job and P. G. course should be avoided. Institutional preference recognised in Dinesh Kumar's case shall loose its efficiency if co-relation between under - graduate and post-graduate courses is not maintained. 4. Legal position being thus what remains to be examined as to how this gap or break has taken place, and if it can be remedied. Institutional preference recognised in Dinesh Kumar's case shall loose its efficiency if co-relation between under - graduate and post-graduate courses is not maintained. 4. Legal position being thus what remains to be examined as to how this gap or break has taken place, and if it can be remedied. From a chart filed by petitioners which is not disputed, it appears the CPMT batches (Combined Premedical test) from 1976 to 1984 started their MBBS courses in August or September except in 1978 and 1984 when it started in November/December, 1978 and October 1984. The 1976 batch completed its term of 4 years in December, 1980, internship in December, 1981. House - job in December, 1982 and were admitted to post-graduate course in January, 1983. It was perfectly in order. But the batch of 19/7 was delayed by six months and it completed its MBBS in April, 1982. But the College invited applications for post-graduate courses in January, 1984. It was obviously unjustified adherence to starting the postgraduate course from January, 1984 when the student of 1977 batch who were entitled to be admitted to the M.S. and MD. col , commencing from 1984-85 were due to complete their house - job in June, 1984 The result probably was that post-graduate admission in 1984 was gram, to students of supplementary batch of 1976 or those students who had appeared in back papers. That probably was the reason that number of vacancies trained unfilled. Therefore, students of 1977 batch after completion of Goa in June, 1984 approached the college authorities who appear to have incited applications in October, 1984 as well. But something happened again. What it was is not clear. And ultimately Government had to intervene and issue order on 15th December, 1984 directing Students to be admitted to post graduate course of 1984 on available seats. All the same the students had 1st six months, in fact the college authorities in exercise of their discretion, are fitted to them under clause (3) of Government Order, 1982, should have started post-graduate course for 1977 batch from July, 984 instead of January, 1984 . All the same the students had 1st six months, in fact the college authorities in exercise of their discretion, are fitted to them under clause (3) of Government Order, 1982, should have started post-graduate course for 1977 batch from July, 984 instead of January, 1984 . It would have been better exercise of discretion Starting of post - gradual n courses in January, every year only because it was done in earlier years irrespective of relevant considerations namely, non availability of students who in normal course would have been due for it because of delayed sessions cannot be considered to be proper A.S.C. Statute or order can provide for every eventuality. Therefore, exercise of discretion in administrative matters is of almost importance. Insistence to consistency irrespective of consequences cannot be considered to be reasonable or sound exercise of jurisdiction. 5. The first professional for batch of 1978 started in November/December as admissions were delayed. It could complete its MBBS in 1983. That is five years from the date of its admission but five and half years if the admissions would have been made in July or August, 1978. Consequently they completed internship in December, 1984 and House - job in December, 1985. In normal course the batch should have completed its house - job in December, 1984 or latest in June, 1985. If it would have completed in December 1984 it would have become entitled to P.G. course commencing from January, 1985. But it did not complete its house-job even in June but in December, 1985. In P.G. courses commencing from January, 1984, no require batch of the college was admitted. The P.G. course which commenced f m 1985 again went probably to left out of 1977 who could not have been admitted due to shortage of seats or the authorities despite Government order dated December, accommodated these students from January, 1985. The P.G. course which commenced from January, 1986 normally should ha e gone to stud ms of 1979 batch. At least they could have been reasonably expecting to befitted to it after completion of their house-job. But before they could cross rut ladder the delayed batch of 1978 became due to more ahead in P.G. course by completing their first part of training in December, 1985. Where should they have gone. But fortunately for them the problem did not arise. But before they could cross rut ladder the delayed batch of 1978 became due to more ahead in P.G. course by completing their first part of training in December, 1985. Where should they have gone. But fortunately for them the problem did not arise. When applications were invited in January, 1986 from those who had completed their house in December, 1985 they became eligible to it not because the P.G. course might have been commenced for them but by sheer coincidence of being late they became in time. 6. But what about 1979 batch, should it be ashed to wait for six months because the post-graduate course shall start in January, 1987 The answer has to be in negative for more than one reason, lias already been explained that inter - relation between MBBS and post-graduate has to be maintained. Therefore, commencement of post-graduate corns, in January, 1986 cannot deprive students of 1979 from claiming that they have completed their house-job are entitled as a matter of right to be admitted to post graduate course for 1986 should have been deferred to accommodate them may have had merit, but since it would have deprived the students of 1978 batch of their right to similar admissions it appears just and proper to leave it there, in Dr. Pradeep Jain v. Union of India, 1985 UPLBEC 119, the Hon'ble Supreme Court had emphasised the need to satisfy increasing demand of doctors to scope with growing population aid unemployment. To ask those, therefore, who are clamouring for specialised education to wait for six months would be against larger interest of society. Further every baton from 1980 onwards to 1984 shall have to face the same problem. For that there appears no justification. It may call for some sacrifice by those who shall be required to take post-graduate classes. But that may appear to be of lesser consequences as compared to perennial loss to which the students of 19/9 to 1984 batch may be put. If the ferments of petition which has not been specifically controverted is to be believed then these students shall in their life permanently become junior to those others who had competed with them in CPM test of 1979 but were allotted by of chance to other medical college where post-graduate courses commenced from July, 1986. Then discretion has been conic red under clause (3) to be exercised reasonable. Then discretion has been conic red under clause (3) to be exercised reasonable. Could there be a better case that this to issue order commencing post-graduate session from July, 1986. Rigidity leading to injustice and unfairness results in rendering exercise of discretion as unreasonable. Permissiveness of power conferred by Statutes or Order requires scrupulous care to use it to advance the purpose and reason for which it is conferred. The flexity in expression as far as possible in hers in it the duty am: responsibility to mould it in such a manner as to achieve principal objective of maintaining continuity in MBBS and M.S. or M.D. It was not availed of as it should have been in 1984. It is not being availed of in 1986 so as to maintain the principle of continuity between House - job and post-graduate course not only for benefit of those who are directly interested in it but to the society in general. Vehement opposition of learned Advocate general for commencing two go - graduate courses in same year over - looks the background narrated earlier. A a normal situations have to be met abnormally. Parallel or two Sessions in same year for different batches is not uncommon. More so in professional college. In starting another session from July for students of 1979 batch the authorities shall not be doing Something Surprising or astonishing. Batch of 1978 as delayed by one and half year. To meet the difficulty created by it and to solve the problem for batches of 1979 to 1984 the way out appears to be of commencing another post-graduate course for batch 1979 from July, 1986. And to adhere to it in future years. Insistence on commencing it in January every year has to be given up. If post-graduate course for batch of 19/9 is started in July, 1986 then the post-graduate course for batch of 1980 shall also have to be si lifted to July, 1987. In similar circumstances that is due to delayed session the other Medical Colleges of the State start their P. G. courses in July. This advancement of post-graduate course by six months has the advantage of maintain in continuity, promoting harmony, and injuring no one. In similar circumstances that is due to delayed session the other Medical Colleges of the State start their P. G. courses in July. This advancement of post-graduate course by six months has the advantage of maintain in continuity, promoting harmony, and injuring no one. Action which advance; common good, is conducive to interest of society and achieves the objective of satisfying increasing demand of specialists in medical education should be adopted rather than the one which frustrates it on technicality. 7. Some of the student; of 1979 batch who shall be completing their house - job in December, 1984 have been impleaded as party. They claim that if the courses are started now they shall be rendered junior. We must confess our inability to appreciate this defeatist attitude. The delay in completion of their course must be either became they are failures or had going Somewhere else or undertaken some job. Ho can such students claim parity with others. It is both unjust and unfair, For benefiting Such students others cannot be made to suffer. 8. Argument of apprehension clash in starting P. G. courses from July, 1986, with Supreme Court directive in Dr. Dinesh Kumar's case (supra) does not appear to have any merit as the Hon'ble Court itself on 6th January, 1986 had directed that its directions given on 22nd January, 1984 may not be implemented for 1986-87. 9. For the reason Started above this petition succeeds and is allowed. The opposite parties are directed to consider the representations of petitioners afresh in light of what has been said earlier expeditiously so that post-graduate course may commence from July, 1986. Parties shall bear their own costs.