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1990 Supreme(SC) 440

K.N.SAIKIA, S.RANGANATHAN
Harihar Prasad Singh: State Of U. P. – Appellant
Versus
Principal, M. L. N. Medical College Allahabad: Dratul Chandra Agarwal – Respondent


Advocates:
D.K.GARG, D.P.MISHRA, GOPAL SUBRAMANIUM, HARISH N.SLAVE, KAPIL SIBAL, R.K.VIRMANI, SATISH CHANDRA AGRAWAL, SHOBHA DIXIT

JUDGMENT

RANGANATHAN, J.- We have come to the conclusion that the High Courts decision under appeal has to be upheld. But, as the question raised is one of importance and difficulty, we have heard the counsel at length. We grant leave in all the petitions and proceed to give the reasons for our conclusion in detail.

2. Both sets of appeals are the off-shoots of a "Residency Scheme" for junior doctors introduced in the State of U.P. and they can be conveniently disposed of by a common order.

3. From the Judgment and Order dated May 30, 1990 of the Allahabad High Court in C.M.W.P. Nos. 18102, 18036, 22161, 22836 and 22877 of 19893. In the above State of U.P., post-graduate courses in medicine were of two types : degree and diploma. The duration of the degree course was two years and that of the diploma course, one year. The minimum requirement for admission to a post-graduate course (whether degree or diploma) was that the candidate should have passed the MBBS degree examination, then done one years internship and then done a house job for one year.

4. The "Residency Scheme" was notified on August 22, 1989. This was the culmination of a long period of agitation by junior doctors in the S


















































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