NDLI: State of Uttar Pradesh and Ors. Vs. Dr. Anupam Gupta Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Professional College Admission
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	U.p. State Universities Act, 1973 (10 of 1973)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Professional Colleges-Admission to.U.P. Universities Act 1973: Section 28(5) & G.O! 421$ dated August 22, 1989-Admission-Medical courses-PG Diploma-50% marks at entrance examination-Condition precedent. Practice & Procedure Professional Colleges-Admission-Vacancies of seats-No ground for High Court to direct admission of students. Section 28(5) of the U.P. Universities Act, 1973, as amended by the Amendment Act of 1980, which came into force from January 1, 1979 empowered the State Government necessary with retrospective effect, to regulate by a notification, the admission to medical and engineering colleges as well as to courses of instructions and the number of students therein. Exercising power under section 28(5) G.0.4215 dated August 22, 1989 was issued by the State Government to enforce junior residency/senior residency and dental residency scheme in all Government Alopathic Medical Colleges and affiliated degree colleges and hospitals prescribing the eligibility for selection/examination and fixation of seats of various degrees and diploma courses therein. The procedure for selection of the candidates for the scheme was prescribed by clause 3 and sub-clause ( e) thereof provided that residents be selected departmentwise in the colleges under the said scheme and registration shall take place on the basis of merit-cum-option, merit being ascertained on the basis of 50% of marks obtained in the competitive examination and 50% of the total marks obtained in M.B.B.S. examination. This scheme was further amended by a notification No. 8390 dated October 9,1990. In the Press Note issued inviting application for the entrance examination of the year 1990, no mention was made that the candidate shall secure the minimum 50% of the marks in the entrance examination to be held on May 27, 1990. But, however, in the subsequent press note issued before holding of the examination on September 30, 1990, it was stated that as per G.0. No. 1259 dated February 20, 1990, the eligibility criteria for admission to the postgraduate courses shall be for general candidates a minimum of 50% marks and for the candidates of the reserved category (Scheduled Castes and Scheduled Tribes) a minimum of 40% marks secured at P.G.M.E.E. Candidates belonging to SC/ST shall also be given weightage of 1.65% of the maximum marks of the competitive entrance examination (i.e. 50 marks) for ranking them in the merit list for admission to the postgraduate course.The respondents in the appeals had completed their internship. They appeared for the Post Graduate Medical Entrance Examination on September 30, 1990 f'or admission into the postgraduate degree and diploma courses in specialities. The respondents were denied admission in the post-graduate course due to their failure to secure the minimum 50% qualifying marks In the Entrance Examinations. They filed writ petitions in the High Court assailing the denial thereof, as offending Articles 14, 15(1) and 29(2) of the Constitution. The High Court allowed the writ petition and directed the State Government to grant admission in the Allahabad and Agra Medical Colleges in the Gynaecology and Obsterics degree courses to which they had given their options. The High court upheld the validity of the prescription of 50% of the minimum marks as eligibility criteria. But on the finding that there are vacant seats available for admission, directed those seats to be given to the respondents. The State filed the appeals in this Court. On behalf of the respondents it was contended that the initial press note inviting applications for the entrances examination did not say that 50% minimum marks in the entrance examination as a condition for admission into the postgraduation, and therefore denial of admission for non-securing 50% cut off in entrance examination was illegal. On behalf of the State it was contended that this contention was not raised before the High Court, and should be disallowed. It was further contended that the course started from October 30, 1990 and in terms of the orders of this Court it would be deemed to have been commenced from May 2, 1990, the directions given in the impugned judgments for admission after more than a year were illegal.
Judge	Hon'ble Mr. Justice K. Ramaswamy
Neutral Citation	1992 INSC 45
Petitioner	State Of Uttar Pradesh And Ors.
Respondent	Dr. Anupam Gupta Etc.
SCR	[1992] 1 S.C.R. 643
Judgement Date	1992-02-13
Case Number	782

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