JUDGMENT U.C. Srivastava and S. H. A. Raza, JJ. - This Writ Petition No. 678 of 1990 has been filed by four doctors doing Internship in G. S. V. M Medical College, Kanpur praying for a writ of mandamus commanding the opposite parties to ensure compliance of the corrigendum, dated 4-1-1990 and to consider their claim for admission in their respective specialities according to their merits in the coming session commencing from January, 1990. It was averred in this writ petition that either some of these petitioners failed in some subject or they did not appear in examination, with the result that they were required to appear in a particular paper and after passing in that paper they completed their examination and thereafter joined compulsory internship not alongwith those who had passed the M. B. B. S. course at their due point of time and thereafter entered the Internship for one year. The petitioners' Internship will be completed on 16-4-19S0 in different medical colleges and hospitals of the State. They were admitted in M. B. B. S. course in the year 1983. They have pleaded that senior batch is going to complete their house job in the month of May, 1990. It has been pleaded that the academic sessions for admission in three years decree course and two years diploma course has been changed and the session will now start from January, 1990, but the academic session for M. B. B. S. course has not been changed and as a result of change of academic session, the petitioners will be put in on irreparable loss and the same has been done in a most arbitrary manner without reasonable ground and basis ignoring the legitimate grievance of the petitioners. The admission is being given to the regular batch of 1983 students of supplementary batch and not to the petitioners. The corrigendum was issued on the representation of the petitioners. The petitioners contention is that in identical situation the State Government issued a Government Order on 29-12-1977 in which specifically for Kanpur Medical College, it was observed that the students or supplementary batch shall also be considered for admission alongwith regular students which is stiff in existence. The corrigendum was issued on the representation of the petitioners. The petitioners contention is that in identical situation the State Government issued a Government Order on 29-12-1977 in which specifically for Kanpur Medical College, it was observed that the students or supplementary batch shall also be considered for admission alongwith regular students which is stiff in existence. The petitioner's grievance is that the opposite parties are going to finalise the list for admission for the session 1991-93 in which the claim of the petitioners and of those students who were unable to participate in the examination on account of illness or other similar reasons are not being considered. 2. In this case an impleadment application was filed by some students who are going to be benefited by this admission. They have been impleaded as opposite parties 4 to 6. Their plea in the counter-affidavit is that admissions are going to be made in accordance with the G. O. of the year 1982 which has been issued under the statutory powers conferred under the State Universities Act. They have further pleaded that the petitioners are not eligible for appearing in the selection for Junior Residency Scheme, and they were included some how in the list prepared for 1982 supplementary and 1982 regular batch so that they may not face the open competition which is scheduled to be held in accordance with the G. O. In exercise of powers under Section 20(8), the State Government earlier issued a notice dated 20-11-1989 providing that the candidates who have completed 12 months internship which is going to be completed in the month of January, 1990, as such they will became eligible for admission to post graduate courses. It has been further stated that the Selection Committee consisting of Director, Medical Education and Training, U. P., Lucknow as Chairman, the Joint Director Medical Education as Member and Principal, G. S. V. M. Medical College, Kanpur as a member, selected the candidates for various post-graduate courses on 18-1-1990 and the selection letters have been issued by the Principal. 3. The State Government issued a notification, dated 15-12-1982 under Section 28(5) laying down procedure and policy with regard to admission of candidates in post-graduate courses in State Medical Colleges in which following three conditions have been laid down : "(1) Admission shall be made on the basis of merit. 3. The State Government issued a notification, dated 15-12-1982 under Section 28(5) laying down procedure and policy with regard to admission of candidates in post-graduate courses in State Medical Colleges in which following three conditions have been laid down : "(1) Admission shall be made on the basis of merit. (2) The basis of determining the merit shall be percentage of marks worked out after deducting one per cent marks for each failure in every subject from the total percentage of marks obtained in the M. B. B. S. Examination. In case of a candidate who fails in a subject and is declared successful in second or subsequent attempt in that subject, the marks obtained by him for day to day performance in the first examination in that subject shall be added to his total marks while preparing the said index. (3) Admission shall, as far as possible be made in December, or January every year." 4. Admittedly the said Notification is still in force with minor variation with which we are not concerned. The State Government recently issued a Residency Scheme vide order, dated 22-8-1989, copy of which has been annexed as Annexure 1 to be affidavit dated 24-1-1990. It has been stated before us that the said Scheme has been introduced to improve the quality of training both academic and practical but the criteria for selections continues to be the same. Under the said notification reference to which has been made earlier, number of applications were received from the eligible candidates and a list of eligible candidates was prepared. The Admission Committee shall after considering the name of eligible candidates will select the candidates for admission to postgraduate courses in Medical Colleges. It has been stated that without laying down any criteria, no admission can be made. It has also been stated in the corrigendum that as far as possible admissions should be made in the month of December or January every year. 5. The words 'as far as possible' thus rather make room and scope for making admissions in other months if exigency or situation so requires. 6. In the instant case merely because the petitioners failed to appear in a particular paper, it could not be said that there are no good reasons for admission and it will not be a good ground. 6. In the instant case merely because the petitioners failed to appear in a particular paper, it could not be said that there are no good reasons for admission and it will not be a good ground. In view of some exigency of situation, they could not appear in regular examination and had to appear in supplementary examination. The programme of supplementary examination has been continuing from before. 7. Reliance has been placed on the corrigendum issued on behalf of the Principal, G. S. V. M. Medical College, Kanpur but no authority has been placed in support of the same as to how he had jurisdiction in the matter. The modification which has been made by him is without any authority and the corrigendum so issued will not confer any sight upon the petitioners to claim benefit of the same unless there is a cut of date and as such the said corrigendum cannot be said to be unfair, unreasonable or in violation of any statutory provision and it has got the force of a statute in absence of any other statutory provision. 8. In the case of Mridula Avasthi v. University of Delhi, AIR 1988 SC 1485 . Hon'ble Supreme Court observed :- "There can be no dispute that the seniors and the freshers belong to two separate categories and cannot be said to be equals. If the University had not prescribed a common selection test for these two categories, the question of test of comparative merit would not have arisen." Similarly in the case of Dr. Dinesh Kumar v. Motilal Nehru College, Allahabad, (1986) 3 SCC 727 1987 UPLBEC 713 (SC) similar question was raised. 9. Thus it is obvious from the pleadings of the parties that the petitioners have not completed 12 months compulsory internship. It is not the jurisdiction of this Court to decide as to when the sessions should start and no interference with the same can be made. In the case of State of U. P. v. D. K. Singh and others, Civil Appeal No. 2928 of 1986, decided od 26-8-1986 the following facts were averred before the Hon'ble Supreme Court the post-graduate medical course were scheduled to commence in January, 1987 has been advanced to July, 1986 at the instance of some students who joined the medical college in August-September, 1979. The duration of M. B. B. S. course is four and half years. After that, students are expected to do internship for one year and a House job for another year. This would take them altogether six and half years. In the ordinary course, the students who commenced the M. B. B. S. course in August-September, 1979 would have completed the M. B. B. S. course, internship and House Job by December, 1985 and would have been eligible for admission to the post-graduate course which was to commence in January, 1986, but which actually commenced in March, 1986. Unfortunately for some reasons, they were able to finish the full course in June, 1986 only. The result was that they were unable to apply for admission to the post-graduate courses which commenced in March, 1986. Claiming that it would be a wastage of time for them to wait for six months till January, 1987 for admission to the next post graduate courses, they made representations to the authorities and on the failure of the representations, they filed a writ petition praying that the authorities may be directed to commence the post-graduate session in June 1986, itself instead of January, 1987 and admit them thereto, so that there may be continuity and no break in their medical studies. The Supreme Court held that the question whether a course of study should start in January or July of a year in a post graduate medical institution is dependant on number of factors and it should, therefore, be a matter best left to the University. Likewise, in the instant case the petitioners have prayed for compliance of corrigendum, dated 4-1-1990 and to consider their claim for admission in respective specialities in the coming session commencing from January, 1990. In our opinion, the petitioners cannot be allowed to seek enforcement of the said corrigendum in view of above discussion. 10. In Writ Petition No. 1260 of 1990, the very same ground is involved and the petitioner to the said writ petition has also not completed his Internship course. As such Writ Petition No. 1260 of 1990 is accordingly dismissed. Same is the position in Writ Petition No. 1259 of 1990 which is also hereby dismissed on the same ground. 11. In Writ Petition No. 4828 of 1989, the petitioner Dr. As such Writ Petition No. 1260 of 1990 is accordingly dismissed. Same is the position in Writ Petition No. 1259 of 1990 which is also hereby dismissed on the same ground. 11. In Writ Petition No. 4828 of 1989, the petitioner Dr. Anrikchh Kumar has prayed that he has been wrongly refused admission while he was eligible according to the G. O. of the year 1977. We have already held that the G. O. of 1982 was issued under the statutory powers and as such the G. O. of the year 1977 will not apply. Consequently the petitioner cannot lay his claim on the basis of G. O. of the year 1977. Under the interim order of this Court, dated 29-7-1989 a direction was given for admission to the petitioner. Although the writ petition is being dismissed, but in case the petitioner has been admitted, our judgment will not be taken to mean that his name should be struck out and should not be allowed to study. 12. In view of what has been stated above, the writ petitions are dismissed. However, there will be no order as to costs.