The Allahabad High Court has quashed a government notification allowing MBBS/BDS graduates of only UP medical colleges to appear in the UP Post-graduate Medical Entrance Examination, 2004. The court refused to cancel the examination and issue a mandamus for fresh tests saying it will lead to complications.
The notification of November 19, 2003, modified by an order of December 15, 2003 allowed for 75 per cent of seats to be filled by the UPPGMEE qualifiers, leaving only 25 per cent seats to be filled by those qualifying the all-India Post-graduate Medical Examination.
Justice DP Singh observed that the notification providing for 100 per cent institutional reservation, issued under section 28 (5) of the UP State Universities Act, was violative of Article 14 and 21 of the Constitution.
Justice Singh further directed the state to frame guidelines providing maximum 50 per cent institutional reservation for various medical colleges and the universities of the state of UP for admission to UPPGMEE and in the rest 50 per cent seats, candidates who are residents of UP and others may be admitted.
The state government cannot directly or indirectly deprive the candidates who are permanently or otherwise residing in the state of UP from admission to UPGMEE even if they have studied outside UP unless the institution from where they got their medical degree has been derecognised, the court added.
Justice Singh remarked that the rules, regulations or orders issued in pursuance of power conferred under section 28 (5) is a sub-ordinate legislation hence it could not be issued in contravention of the provisions contained in the Act itself. There is no such provision of providing 100 per cent institutional reservation in the Act, he added. However, the above order was made applicable only to those petitioners who had appeared at the UPPGMEE -2004 following the courts interim order.