JUDGMENT M. L. Bhat. J. 1. These two writ petitions raise a common question of law and facts Therefore, they are being decided by a common judgment. The main prayer in both the writ petitions is that : (1) Issue a writ, order or direction in the nature of mandamus directing the respondents to admit the petitioner in post graduate course against 75% institutional seat for the session 1991-94 against vacant seat in MD (TB and chest) or MD (Pathology) or MD (Anaesthesia) or DCH or Dip Card for PGMEE-91" (2) Petitioners also pray for payment of salary and seek a direction from this court to implement the judgment of the Supreme Court and not to give effect to the unreasonable restriction. Writ of certiorari is also sought for quashing the Brochure of PG MEE 1991 issued by the Lucknow University on 1-12-90. 2. In writ petition no. 27856 of 1991, the petitioner's case is that he has secured 54% marks in MBBS examination which he is said to have passed in May. 1990. Thereafter, he is said to have joined his internship on 25 8-90 and completed it on 24-8-91. He was permanently registered with the State Medical council and became eligible for admission in 3 year integrated residency scheme as per the recommendations of the Medical Council of India for the session 1991-94. Under the Medical Council of India Rules, a student is to be selected strictly on merit on the basis of academic record in undergraduate course. Selections are to be made for the past graduate studies by the University. One year internship is also necessary. It is stated that the Supreme Court had made a direction that no candidate should be declared ineligible to appear in the competitive examination for three year integrated residency on the ground of non-completion of internship till the date of selection. Throughout the whole country 3 years integrated post graduate course was to start by the 2nd of May every year, and 75% seats were to be given to internal candidates and 25 percent external candidates. In 1987 the Supreme Court is said to have framed a time schedule for three year integrated residency scheme for the purpose of competitive examination for both institutional as well as open merit candidates. In 1987 the Supreme Court is said to have framed a time schedule for three year integrated residency scheme for the purpose of competitive examination for both institutional as well as open merit candidates. According to the petitioner, the time schedule fixed by the Supreme Court was as under : (1) Last date for request by post of application form 7th November (2) Last date for receiving application form 14th November (3) Admit card issued 15th December (4) Competitive test 20th January of next year (5) Result to be declared 7th March of next year (6) Allotment of seats 7th April of next year (7) Last date for admission from first merit list 22nd April of next year (8) Last date for admission from watting list 10 May of the next year 3. The Supreme Court had wanted the State of U. P. to adhere to the above time schedule. But despite that the State of U. P. did not adhere to the said time schedule which resulted in imposition of exempalory cost on the authorities concerned by the Supreme Court in separate petition. 4. The petitioner is said to have applied for post graduate medical entrance examination 1991 conducted by the Lucknow University in pursuance of the brochure issued to this effect by the University. The entrance test was to be held on 13-1-91 and on 1-12-91. The petitioner's application for admission to entrance test was rejected on the following ground :- "Under rules only those candidates who are eligible to appear in the test who have completed compulsory rotatory internship or will complete internship by 30th April, 1991 whereas the said candidate does not fulfil this eligibility criteria." The petitioner could not complete his intership by 30-4-91 on account of default of the authorities who could not conduct the examination according to date sheet fixed by the authorities. According to the scheduled date sheet, M.B.B.S. examination process including examination of Practical was to be completed on 26-3-90 The date sheet was changed and according to the revised programme dated 23-4-90, final professional examination was to be held with effect from 5-5-90 to 21-5-90. The revised time schedule also was not adhered to by the authorities in respect of conduct of practical examinations which were completed on 22-6-90 instead of 15-6-90. The result was declared on 29-6-90. The revised time schedule also was not adhered to by the authorities in respect of conduct of practical examinations which were completed on 22-6-90 instead of 15-6-90. The result was declared on 29-6-90. The petitioner is said to have been declared successful in the said examination. Thereafter, the petitioner was allowed to join the one year internship course- Due to the lapse of the respondents, the petitioner could not pass his M.B.B.S. examination by the end of March, 1990. Completion of internship was also delayed due the fault of the respondents. According to the notification of the State Government, dated 9-10-90 it was provided that in the competitive entrance examination, those candidates who have not completed internship would be allowed to appear provisionally bat they shall not be admitted to post graduate diploma and degree courses, if they fail to complete the internship training and get the registration from Medical Council of India or State Medical Council before the beginning of the said course. 5. It is said that 104 seats in post graduate course in GSVM Medical College. Kanpur were available. The cut off date for completion of internship is 30-4-91 36 medicos of the same batch could not appear in the examination because they had not completed the internship on that date As a result of this, number of seats in clinical/para clinical/non clinical sides are lying vacant in the said Medical college The restriction for completion internship by 30-4-91 is said to be unreasonable. The said restriction is said to be contrary to the directions given by the Supreme Court the petitioner is said to have made representation also to the concerned authority, 6. It appears that one Dr. Vijai Tilak and others had preferred a writ petition before this Court Their case was indentical with the case of the petitioner. The said doctors were permitted to appear in the examination provisionally which is reflected by an interim order passed by this Court on 3-1-91 in that writ petition. In some other writ petitions similar order was passed Four candidates are said to have joined in three year integrated residency scheme in the month of August. 1991 Other candidates did not file any petition in the High Court. In some other writ petitions similar order was passed Four candidates are said to have joined in three year integrated residency scheme in the month of August. 1991 Other candidates did not file any petition in the High Court. They had filed representation to the Registrar, P.G. M.E.E. Examination, Lucknow University and referred to the interim orders passed by the High Court in two different writ petitions The petitioner and others like him, were given discriminatory treatment. In 1987 the Supreme Court! had directed the State Government to come out with a positive scheme about the admission to post-graduate course so that no feat is left vacant in any year in any of the Medical Colleges. The Brochure issued by the respondents in 1991 is against the directions of the Supreme Court and against the provisions of section 28 (5) of the U. P State University Act. 7. The petitioners submit that they are entitled to be admitted against the vacant seat as there is no other candidate higher in merit than the petitioner. Respondents are said to have given discriminatory treatment to the petitioners and admitted four students of his batch and had not permitted 32 medicos including the petitioner who are identically situated and superior in merit It is stated that seats are lying vacant and number of students have not been admitted because the petitioner and others like him could not complete the internship on 30-4 91 because of the lapse of the respondents in delaying the conduct of the examination. 8. The facts of another writ petition No. 27875 of 1991 are also identical and the petitioner in this petition also falls in the category of the candidates whose forms were rejected for want of completion of internship and were not permitted to appear in the examination. He has also claimed the relief on the same grounds on which the writ petitioner in writ petition no. 27856 of 1991 has claimed the relief. The standing counsel appearing for the respondents was allowed four weeks' time to file counter-affidavit on 27-9-91. No counter-affidavit has been filed till date. The learned Standing counsel, thereafter, sought time to tile written submissions which he has not filed till date Learned counsel for the petitioner was, therefore, heard on merits of the case. Mr. The standing counsel appearing for the respondents was allowed four weeks' time to file counter-affidavit on 27-9-91. No counter-affidavit has been filed till date. The learned Standing counsel, thereafter, sought time to tile written submissions which he has not filed till date Learned counsel for the petitioner was, therefore, heard on merits of the case. Mr. Pankaj Srivastava appearing for the petitioners has invited my attention to a tew authorities in support of his submissions. In Dr. Dinesh Kumar v. Moti Lal Nehru Medical College Allahabad, AIR 1986 SC 1877 . the Supreme Court modified its earlier directions after bearing Medical Council of India and Government of India and various State Government. Ail India entrance examination was to be held in English Medium and not in any regional language, 15% of total number of seats in each medical college, were to be filled up on the basis of All India Entrance examination. The States of Jammu sad Kashmir and Andhra Pradesh were exempted from the operation of the judgment reported in AIR 1986 SC 1059. Reservation also could be mads by the State Governments without violating constitutional guarantees and number of other directions were given for the selection to the post graduate course. In Dr. Dinesh Kumar' v. Moti Lal Nehru Medical College, AIR 1987 UP LB EC 713, programme relating to the selection examination was laid down after declaration of the results of the entrance test, which to be declared within four weeks from holding of the examination. The admission process has to commence after two weeks after the declaration of the results The last date for taking admission was to be six weeks from the date of the announcement of results but the Head of every Institution was entitled to condone delay upto seven days for reasons shown and grounds recorded in special cases. The courses of study was to commence in every institution providing such study throughout the country from second May. 9. Mr. Srivastava also submitted that the State of Uttar Pradesh had violated the guide-lines issued by the Supreme Court in respect of the selection process. Therefore, the Supreme Court warned the authorities to be cautious in future and levied exemplary cost on the authorities. 9. Mr. Srivastava also submitted that the State of Uttar Pradesh had violated the guide-lines issued by the Supreme Court in respect of the selection process. Therefore, the Supreme Court warned the authorities to be cautious in future and levied exemplary cost on the authorities. In MRidula Avasthi v. University of Delhi, AIR 1988 SC 1485 , creation of seats for transitory period to protect the interest of qualified candidates, till the selection test as prescribed was conducted was upheld by the Supreme Court in peculiar circumstances of that case. In Dr. Sanjukta Panda v. State of Orissa. AIR 1982 Orissa 120, applications of two candidates were wrongly rejected for admission into the resident house staff course for which examination was conducted. The High Court of Orissa directed an examination to be conducted for the two candidates within one week from the date of judgment. If those candidates were found fit for examination and there was no impediment in their way and the seats were available, they were directed to be admitted in accordance with rules. 10. Mr. Srivastava submitted that since the petitioners' admission forms for appearance in the entrance test was wrongly rejected for no fault of this petitioners' therefore they are entitled to be admitted in the postgraduate course against the vacant seats available with different medical colleges without undergoing a test and this Court can given them such relief which will repair the wrong that has been done to them by refusing to admit them to entrance examination. The brochure Issued by the Lucknow University also is said to be had In so far as it prescribes cut cat date for the competitive entrance test. The petitioners could not complete the Internship by 30-4-91 because the results of the M.B.B.S. were declared on 29-6-90 for no fault of their. It was the fault of the authorities who did not follow the schedule fixed by the Supreme Court and the petitioners have been prejudiced by the authorities. I have carefully considered the record and perused the documents annexed to the writ petition. It is true that the petitioners could not complete the internship by 30-4-191. Their examination was not held in time. It was delayed and the process of examination had been completed on 22-6-90. The results were declared on 29-6-90. So they could seek admission to the internship course: only after having passed the M.B.B.S. course. It is true that the petitioners could not complete the internship by 30-4-191. Their examination was not held in time. It was delayed and the process of examination had been completed on 22-6-90. The results were declared on 29-6-90. So they could seek admission to the internship course: only after having passed the M.B.B.S. course. The internship is of one year duration. They could not complete it on 30-4-91, because they had taken admission in the said course on 25-8-90. The impugned order dated 1-12-90 whereby their applications forms were rejected is placed on record In the similar circumstances, the application forms of many other students were rejected. However, some of them filed writ petition in the High Court and obtained interim order for permission to silt in the examination. The petitioners submit that they instead of filing the writ petition, filed a representation, copy whereof is filed with the writ petition. On persual of the said representation dated 12-1-91, it appears that the same was made by Dr. Nitin Kumar, Dr. Rajesh Gupta and Dr. Mahendra Sarawgi. They had represented that their case was identical with the case of Dr. Vijai Tilak who had obtained interim order from the court. Therefore they also may be permitted to appear in the entrance test. There is no representation filed by the petitioners as such. The representation filed by some other doctors for seeking permission to appear in the entrance test is now owned by the petitioners as. their representation. The representation is a Joint representation by three persons who are named in the representation. Therefore, it cannot be treated a representation on behalf of the petitioners. The petitioners have come to the court on 27-9-91 i.e. about 9 months of the issuance of the impugned order. The petitioners do not pray to quash the impugned order dated 1-12-90 but they seek admission against the vacant seats in the category of 75% institutional seat for the session 1991-94 If the petitioners were not permitted to appear in the entrance test in violation of law and their forms were rejected on the basis of some misconception, the petitioners were free to challenge the same and seek appropriate remedy for permission to appear in the test at the appropriate stage. Without appearing the test the petitioners want that they be admitted for the post graduate course for the session 11991-94 against the vacant seat in the category of 75% institutional seat. A short question that falls for consideration for this court is whether the petitioners can be admitted against any vacant seat in the category of 75% institutional seats. 11. The admission to post graduate course is now made through an entrance test which was directed to be held by the Supreme Court. It is now called three year residency scheme. The house job training is done away with. After completion of M.B.B.S. examination one year internship is necessarily to be completed by the candidate in order to qualify to appear in the entrance test The candidates obtaining 50% marks from the general category and 40% marks from the SC/ST, category are eligible for admission in order of merits subject to availability of seats. Institutional preference for making admission is done away with. A combined test is to be held for admission to 75% seats which are known as internal seat by the State. In respect of 25% seats entrance test is to be held by the All India Institute of Medical Science on All India basis and selection is made there- after, of the eligible candidates for 25% seats. These candidates are called external candidates. 12. Institutional seats were given meaning by the University of Lucknow in a notification and Clause G (ii) of the said notification which reads as under : "Based on the marks obtained at the competitive entrance examination and the candidates choice of the course a merit list shall be prepared for each college out of the institutional candidates of that college." validity of it was challenged. this clause was struck down by the Supreme Court being violative of Article 14 of the constitution. A fresh notification was directed to be issued (refer to P. K. Goel v. U. P. Medical Council, AIR 1992 SC 1475 . In Dr. this clause was struck down by the Supreme Court being violative of Article 14 of the constitution. A fresh notification was directed to be issued (refer to P. K. Goel v. U. P. Medical Council, AIR 1992 SC 1475 . In Dr. Anupam Gupta's case ( AIR 1992 SC 932 ) the following observation was made by the Supreme Court :- "Thus it could be seen that this Court consistently laid down the criteria for conducting entrance examination to the post graduate degree and diploma courses in Medicine and the best among the talented candidates would be eligible for admission 50% cut off marks was also held to be valid to achieve excellence in post graduate speciality. Accordingly we uphold the prescription of 50% cut off marks to general candidates and 40% to SCs and STs together with 1.65% weightage of total marks i. e. 50 marks in total in entrance examination as constitutional and valid." The entrance test was held to be constitutionally valid and admissions to the post graduate course were to be made on the basis of the entrance test The Validity of the entrance test and the method of selection for admission to the post graduate course is no more res-integra. The petitioners have however tried to rely on the judgment given in respect of Banaras Hindu University in SLP No Nil of 1991 on 22-11-91. The said judgment is not applicable to the petitioners because Banaras Hindu University and Aligarh Munslim University is a class by itself which has a different process for admission to various courses Mr. Srivastava also relied on a judgment of the Supreme Court in writ petitions Nos. 451, 454, 525 545 of 1992 Ombir Singh and others v. State of U. P. and another. In this case also validity of the entrance test was upheld. Recommendation was made to the State Government to consider the desirability of filling up vacant seats in accordance with merits in the entrance examination and according to the combined merit list of the whole State of Uttar Pradesh. Observations made in Dr. Ambesh Kumar v. Principal, LLRM Medical College Meerut, 1987 (1) SCR 661 , was relied upon Filling up of the vacant seats was held to be a step in the larger public interest of the State, However, it is for the State to consider whether they have any vacant seat or not. 13. Observations made in Dr. Ambesh Kumar v. Principal, LLRM Medical College Meerut, 1987 (1) SCR 661 , was relied upon Filling up of the vacant seats was held to be a step in the larger public interest of the State, However, it is for the State to consider whether they have any vacant seat or not. 13. After analysing the ease law, this Court is of the opinion that it is not possible to direct the respondents to admit the petitioners to post graduation course without appearing in the entrance test which is now held to be the only method for making admission to the post graduation course in the various medical colleges of the State. The submissions of Mr. Srivastava, in this regard are contrary to the dictum of the Supreme Court. No mandamus can be issued to the State to admit the petitioners against the vacant seats in the category of 75% institutional seats in any of the medical colleges of the state. However, if the State Government wants to fill up the vacant seats from amongst the candidates who have failed in the entrance test, or want to fill tide vacant seats in larger public interest, that is the matter purely for the State Government to consider. 14. The petitioners are said to have appeared in the entrance test which was held for 1992 admission also. If they had not been allowed to appear in the entrance test, a direction could be made to the respondents to permit them to appear in 1992's entrance test for seeking the admission to the post graduate course. This direction would be consistent with the observation made in an authority reported in AIR 1982 Orissa 120 (supra). Any seat in the post graduate course cannot be filled up unless there was an entrance test for the admission of candidates to the post graduate course. After exhausting merit list if the State chooses to fill by the seats from amongst those candidates who did not have merit, they can do so without the intervention of this Court. The Brochure issued by the Lucknow University has expired with the completion of the selection process for the session 1991-92. Therefore, this brochure cannot be now set aside. The petitioners have sought directions for implementing the judgments of the Supreme Court and for payment of salary. The Brochure issued by the Lucknow University has expired with the completion of the selection process for the session 1991-92. Therefore, this brochure cannot be now set aside. The petitioners have sought directions for implementing the judgments of the Supreme Court and for payment of salary. In the directions of the Supreme court, it is not permitted to allow the petitioners to seek admission without appearing in the entrance test. The petitioners can not get salary also because they have not been admitted to the post graduation course. If they are able to get admission to the post graduate course, they are entitled to get the salary. But, their admission to the post graduate course is still born. Therefore, the question of payment of salary does not arise. For the reasons, stated above, these writ petitions have no merits and are dismissed. However, there will be no order as to costs. Petitions dismissed.