JUDGMENT P.P.Gupta 1. With the agreement of both the parties, this petition is being heard and disposed of finally at the stage of admission 2. The petitioner. Dr. Deepak, passer) his MBBS examination in the year 1982 from B. R. D. Medical College, Gorakhpur. THEreafter he did one year Internship from April 1982 to April, 1983 from Balrampur Hospital, Lucknow and from Civil Hospital, Gorakhpur. After completion of Enternship. he got himself permanently registened with the State Medical Council, U. P., Lucknow In order to do Post Graduation Degree Course in Pathology, he did house job from 23-5-1983 to 3-6-1984 in E.N.T. from B.R.D. Medical College, Gorakhpur. The petitioner there after appeared in Post Graduate Medical Enterence Examination (hereinafter referred to as 'PGMEE'), 1990 conducted by the Lucknow University and gave his choice for admission in M.D Pathology Course; The petitioner was selected and was admitted in M B pathology Course on the basis of PGMEE, 1990 on 6-12-1990 He had already completed cone year house job earlier. The Medical Council of India (hereinafter referred to as 'MCI'), inter alia, recommended that the candidates, who are admitted to the Post Graduate courses and who have done housemanship or equivalent training, will be entitled to an exemption upto a maximum period of one year in the duration of training for the Post graduate Course In view of the said recommendation of MCI the petitioner was admitted in Second Year Residency Course and a letter was issued to him by Respondent no 1 on 12-12- 1990 (Annexure 'I') clearly stating that (the petitioner had been appointed as Second Year Resident in M. D Course in Pathology. 3. A residency Scheme was introduced vide G. O. dated 22-8-1989 (Annexure 'II') according to which Post Graduate Decree Course became of three years including one year of house job The first year of Residency Scheme which is nothing but is home job of the students admitted in three years of Degree Course in the first year is termed as First Year Resident. Thereafter, the students who complete one year of house job, i e First Year Residency Scheme they are admitted to second year Residency Scheme and thereafter third year Residency Course. 4. Thereafter, the students who complete one year of house job, i e First Year Residency Scheme they are admitted to second year Residency Scheme and thereafter third year Residency Course. 4. The contention of the petitioner is that since he had already completed one year of housemanship, he was rightly admitted in second year Degree Course in M.D. Pathology and was termed as Second Year Resident. He was also permitted to file proforma of THEsis on 9-2-1991 and since then he has been continuously working on the said THEsis. The last date for submitting the THEsis was 31-1-92, but the petitioner was not permitted to submit his THEsis. The petitioner made several representations on 9-12-1991 and 22-7-1991, but nothing was heard about the outcome of these representations. The Director of Medical Education and Training, U. P. Lucknow, issued a letter to respondent no. 1 directing him to act in accordance with the recommendations of the MCI in case of the petitioner. A copy of the letter dated 27-12-1991 issued by the Director of Medical Education and Training U. P. Lucknow, is annexed as Annexure 'V' to the petition The averment made by the petitioner in his writ petition is that the respondents are acting on their own whims illegally, arbitrarily and also without any justification in not permitting the petitioner to submit his Thesis. In view of the recommendations of MCI and in view of section 33 of the Medical Council of India Act the petitioner is entitled to submit his Thesis and also to appear in the examination which is scheduled to take place in June/July, 1992. It has been reiterated that the petitioner was admitted in second year Residency Course of the Session which was deemed to commence from 2-5-1990 in view of the judgment and directions of the Supreme Court given in Dr. Ajay Agarwal's case and two years term of Post Graduate Degree Course, in the case of the petitioner, will come to an end on 1-5- 1992. 5. Despite sufficient time having been granted to the respondents, no counter affidavit was filed. Learned counsel for the petitioner and the learned Standing Counsel were heard at length. 6. There appears to be no controversy in this case that the petitioner after passing his M.B.B.S. examination in the year 1982 did house job from 23-5-83 to 3-6-1984 in E.N.T. from BRD. Learned counsel for the petitioner and the learned Standing Counsel were heard at length. 6. There appears to be no controversy in this case that the petitioner after passing his M.B.B.S. examination in the year 1982 did house job from 23-5-83 to 3-6-1984 in E.N.T. from BRD. Medical College, Gorakhpur THEREafter he appeared in PGMEE, 1990 and was selected. On the basis of the result of the Enterence Examination he was admitted in M.D. Pathology course ou 6-12-1990. The MCI, inter alia, made the fallowing recommendation also : "The candidates who are admitted to the Post Graduate Course and who have done housemanship or equivalent training will be entitled to an exemption up to maximum period of one year in the duration of training for the post graduate course." A Residency Scheme was introduced, vide G.O. dated 22-8-89, according to which Post Graduate Degree Course became of three years including one year house job. Annexure II is the said G.O. issued by the State of U. P. on 25-11-89. According to this G.O. one year of three years 'Degree Course shall the first year of Residency Scheme which is nothing but house job. This G O was issued in consonence with the recommendations of MCI, referred to above. In view of the aforesaid recommendations of MCI and the GO., the petitioner was admitted in second year Residency Course in M.D. Pathology after completing one year of house job This is evident from Annexure 'I' to the petition which is an order of respondent no. 1 dated 12-9-90, by which the petitioner was admitted in Junior Resident Second Year Course. It may also be mentioned here that the Director, Medical and Health Services, U. P., Lucknow, by his letter dated 27-12-1991 intimated respondent no. 1 that the representation dated 9-12-1991 moved by the petitioner may be considered in the light of the rules framed by the MCI. The rules and recommendations of the MCI have already 'been referred to above. Thus, the petitioner was rightly admitted by respondent no. 1 in Junior Resident Second Year Course in M. D. Pathology. Therefore, he shall be completing the third year on 2-5-1992. The respondents have no right not to accept the Thesis submitted by the petitioner. This Court by an order dated 23-1-1992 permitted the petitioner to submit his Thesis. Thus, the petitioner was rightly admitted by respondent no. 1 in Junior Resident Second Year Course in M. D. Pathology. Therefore, he shall be completing the third year on 2-5-1992. The respondents have no right not to accept the Thesis submitted by the petitioner. This Court by an order dated 23-1-1992 permitted the petitioner to submit his Thesis. In pursuance of the order of this Court, the petitioner did submit his Thesis, which, I am told, has been accepted by the respondents. The act of the respondents, in the circumstances of the case, in not accepting the Thesis of the petitioner and also in not permitting him to appear in the final examination of M D. Pathology which are to commence in the coming June, 1992 is arbitrary and illegal. There is no reason or rhyme to deny the petitioner his right to appear in the aforesaid examination. 7. In view of the recommendations of the MCI, the candidate, who has done housemanship or equivalent training for a year shall be entitled to an exemption upto a maximum period of one year. Since the petitioner had completed this one year house job, he was entitled to the exemption under the rules and the recommendations of the MCI. Not only that the notification issued by the State of U. P. on 22-8-1989 also clearly mentioned that the Junior Resident First Year Course shall be equivalent to the period of house job of one year. The petitioner as has been said earlier, has already done house job for a year. As such he shall be deemed to have completed Junior Resident First Year Course. It was for this reason that the petitioner was straight away admitted in Second Year Junior Resident Course in M.D. Pathology by respondent No. 1 by his order dated 7-I2-I990. This order operates as an etoppel against respondent no. 1, who cannot be permitted now to say that the petitioner can not be allowed to appear in final examination because he did not do the first year Resident Course in M.D. Pathology and has not completed the requisite three years which is the necessary period under the GO. dated 22-8-1989, referred to above. Thus the petitioner has a right to submit his Thesis and also to appear in the final examination to be held in June/July, 1992. 8. Accordingly, this petition is allowed. dated 22-8-1989, referred to above. Thus the petitioner has a right to submit his Thesis and also to appear in the final examination to be held in June/July, 1992. 8. Accordingly, this petition is allowed. The respondents are directed to accept the Thesis, which has already been submitted by the petitioner in pursuance of this Court's order dated 23-1-1992, and also to permit him to appear in the examination of M D Pathology course schedule to commence from June/July, 1992. There will be no order as to costs. Petition allowed.