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 State for better emoluments and conditions of service. This scheme was given retrospective effect from August 1,1987, for para 8 of the scheme says : "The above residency scheme shall be deemed to have been enforced from August 1, 1987". Under the scheme, every candidate selected for a post-graduate degree course would have a tenure of three years which would also be the tenure of the course itself. All such candidates were to be called Junior Residents - 1st year, 2nd year and 3rd year respectively during their tenure. Each candidate selected for postgraduate diploma course would have a tenure of two years which would also be the tenure of the course and all such candidates were to be called Junior Residents - 1st year and 2nd year respectively. In other words, the duration of the degree course was raised to three years and that of the diploma course to two years. However, simultaneously, the eligibility requirement of one years experience in a house job was dispensed with, the net result being that the total period needed, after taking a MBBS degree, to acquire a post-graduate degree/diploma remained the same as before.

5. The modifications introduced by the new scheme needed certain transitory provisions being made for two purposes. The first was to devise a formula of equation between the old and the new systems. This was done by redesignating all students, junior doctors, house officers and others in position in the manner set out in para 5 of the scheme. The original notification is in Hindi but a free translation of the first part of the above para, as set out in the judgment of the High Court, reads thus :

"Upon enforcement of the above Residency Scheme, all the House Officers, Junior Residents 1st year working since August 1, 1987 and similarly working all junior doctors ("all junior doctors similarly working" is perhaps a better translation) shall stand converted to the following new designation proposed in the residency :

S.No.

Present designation

Designation upon enforcement of residency scheme

1.

House officer/Demonstrator, 1st

Junior Resident 1st year

2.

Junior Resident/RMO 1st year/RSO 1st year/RGO 1st year/Demonstrator 2nd Year/P.G Degree student 1st year/P.G. Diploma student 1st year.

Junior Resident 2nd year

3.

Senior Resident/RMO 2nd year/RSO 2nd year/RGO 2nd year/Demonstrator 3rd year/Registrar/P.G. Degree student 2nd year

Junior Resident 3rd year

The second provision necessary was in regard to their admission to the post-graduate courses. This was done by the second sub-para of para 5 which ran thus :

"At the same time (iske sath hi sath)" the admission and registration of the House Officers, working at that time ("us samay") to post-graduate courses (degree/diploma course) shall be done after completion of their tenure and on the basis of their