JUDGMENT S.C. Mathur, J. - Being unsuccessful in obtaining admission to the D. M. (Paediatrics) Course commencing in 1986 in King George's Medical College, Lucknow, petitioner Dr. (Miss) Piyali Bhattacharya has approached this Court under Article 226 of the Constitution. The facts about which there is no dispute between the parties are as follows. 2. There were eight seats in M. D. (Paediatrics) Course, six of which were reserved for internal candidates and two were available in the open category. Prior to 26th April, 1986 advertisement was issued inviting applications for admission to the said eight seats. It was mentioned in the advertisement that admissions will be made in accordance with the Government Notification dated 15-12-1982 issued under sub-section (5) of Section 28 of the U.P. State Universities Act, 1973. The petitioner whose merit index at the M.B.B.S. examination was 65.03%, applied for admission to one of the open seats. Before the selection could be held Government amended the Notification dated 15-12-1982 through Notification issued on 26th April, 1986. Paragraph 4 of the unamended Notification dated December 15, 1982 prescribed as follows : "In every speciality, seventy-five per cent seats in a particular Medical College shall be reserved for the candidates who have passed the M.B.B.S. examination from that college and against the 'remaining' twenty-five percent seats, candidates who have passed M.B.B.S. Examination from other Medical Colleges and are bona fide residents of Uttar Pradesh, shall be eligible for admission on the basis or merit along with the candidates who have passed the M. B B. S. examination from that very College." (Emphasis supplied). 3. In view of the use of the word 'remaining' in the above clause admissions were first made against seventy-five per cent seats reserved for internal candidates and only thereafter admissions were made to twenty-five per cent reserved seats. This procedure was changed by the Notification issued on 26th April, 1986. The procedure was reversed. The admissions in question were made by application of the amended Notification. The petitioner's plea is that since the amendment was issued after the advertisement had already been published which specifically mentioned that admissions shall be made in accordance with the Notification dated 15-12-1982, the present selections could not be held on the basis of the amended Notification. A similar plea was raised in writ petition No. 4481 of 1986, Dr.
The petitioner's plea is that since the amendment was issued after the advertisement had already been published which specifically mentioned that admissions shall be made in accordance with the Notification dated 15-12-1982, the present selections could not be held on the basis of the amended Notification. A similar plea was raised in writ petition No. 4481 of 1986, Dr. Ashok Kwnar Singh v. State of U.P. and others decided on 29-7-1986. and was accepted. On the same principle this petitioner is also entitled to the relief. 4. In view of the above the writ petition is allowed and a writ of mandamus is issued commanding the State of Uttar Pradesh through the Secretary, Department of Medical and Health. The Director, Medical Education Training, U.P. and The Principal, King George's Medical College, Lucknow to consider the petitioner's candidature by applying reservation criteria prescribed in unamended paragraph 4 of the Notification dated 15-12-1982 and ignoring the amendment made by Notification dated 26th April, 1986. If by applying the unamended criteria, the petitioner is eligible to get admission in M. D. (paediatrics) Course he shall be granted admission within 10 days of the submission of the certified copy of this judgment to the Director Medical Education and Training, U.P., Lucknow. The authorities concerned shall try to admit the petitioner in the Session which has commenced in 1986 but if there is any practical difficulty in admitting the petitioner to this Session, she shall be admitted in the next academic Session. There shall be no order as to costs. 5. On the basis of the following observations in the recommendations of the Medical Council, learned counsel for the petitioner has prayed that the authorities concerned may be directed to admit the petitioner to the current Session : "In exceptional cases, in a unit with one post graduate teacher and another teacher with post graduate qualification a maximum of two students can be admitted per year." 6. We are leaving the matter to the discretion of the authorities concerned. They are in better position to assess whether the teacher-student ratio prescribed by the Medical Council can be relaxed in the present case or not.