Secretary, Medical health & Education, U. P. v. Anuj Ram Sharma
1994-07-13
M.N.VENKATACHALIAH, R.M.SAHAI
body1994
DigiLaw.ai
JUDGMENT : 1. We have heard learned counsel for all the parties. 2. Learned counsel appearing for candidates, particularly lady candidates, urged that transfers from private recognised medical colleges outside the State of Uttar Pradesh to Government recognised medical colleges within the State were not impermissible and that, at least, in their cases a relaxation of the restriction on the continuance of their education at the transferee colleges should be made and they be permitted to take the ensuing examinations which, it was said, were to commence on the 18th of July, 1994. 3. Learned counsel appearing for the students transferred from Government recognised medical colleges outside the State of U.P. to Government recognised colleges within the State of U.P. submitted that though such students were by the order dated 18th May, 19941 permitted to continue their studies they have, however, not been specifically enabled to take the examinations also. This hardship, it was submitted, should be relieved at least in the cases of such class of students. 4. So far as lady students from private colleges outside the State are concerned, we do not think there is any justification at this stage to modify the order dated 18th May, 1994. As has already been made clear, if they succeed in the writ petitions, adequate protection shall be afforded to them, if necessary, even by directing supplementary examinations to be held so that their success should not become infructuous. This aspect of the matter will be taken care of by the order of their Lordships of the High Court at the final decision. 5. On the second submission pertaining to students transferred from recognised Government medical colleges outside the State of U.P., we think the submission is reasonable. Though the order dated 18th May, 1994 enables them to continue their studies, they have not been specifically enabled to take the examinations. We think this should be relaxed and such students should he permitted to take the examinations as and when they are held subject, of course, to the final result of the writ petitions. The benefit of this modification shall also be given to the students transferred from one Government recognised medical college within the State to another recognised medical college in the State itself. 6.
The benefit of this modification shall also be given to the students transferred from one Government recognised medical college within the State to another recognised medical college in the State itself. 6. It is submitted before us that the learned Chief Justice in deference of the order of this Court dated 18th May, 1994 constituted a three-Judge Bench to hear the matters finally and that the cases are finally listed for 27th of July, 1994. We request the High Court to take up all the matters on that day and dispose of the matters finally. In addition to the cases covered by the order dated 18th May, 1994, all other pending similar writ petitions in the High Court may also he clubbed together and taken up for final disposal irrespective of whether the interlocutory orders made in them are biding decisions in the SLPs before this Court or not.