ORDER

The dispute in these cases relates to admission in post-graduate courses of the medical wing. There are seven medical colleges in the State of Uttar Pradesh. Sometime back in a fake writ petition the High Court of Allahabad made an order that admission could be effected on the basis of the MBBS results. That can counter to the decision of this Court and on being looked into it transpired that the proceedings before the High Court were totally fraudulent and no one by the name given in the petition as petitioner could really be identified. This Court at that stage had clearly indicated that the prescription by this Court has been that there should be selection test for postgraduate admission as admission has become very competitive and to have compliance of Art. 14 of the Constitution a broad-based arrangement should be made. On that account this Court had clearly indicated that no admission should be permitted on the basis of the MBBS results. In view of the fact that the Allahabad High Courts order has already been reversed, nothing more need be done.

S LP (C)......... of 1990

2. This petition is directed against the order of the learned single Judge of the Allahabad High Court dated 25-5-1990. U. P. Junior Doctors Action Committee in their special leave petition which had not yet been numbered challenge the order referred to above where the petitioner could not be identified and challenge was to the decision of the High Court dated 25-5-1990 which permitted admission on the basis of MBBS results. Since we have already clarified the position and reiterated the requirement of a selection test the order of the High Court must be taken to have already been vacated. It is not necessary to entertain this special leave petition.

CA in SLP 15354/91

3. Special leave granted.

4. In this appeal by special leave Principal of the Agra Medical College along with some others is the appellant. The High Court by the impugned order required provisional admission in M. S. (Surgery) and in M. D. (Medicine) to be given to respondents 1 and 2 respectively in the Medical College of Agra while the writ petition was yet to be heard. The contention raised before us is that grafting admission at an interlocutory stage in a pending proceeding even by styling it as provisional creates lot of adverse consequences and leads to indiscipline in the system of imparting education. Admission into postgraduate degrees in the medical wing throughout the country has become very competitive and it has become clear that strict regulation is necessary. This Court by its judgment in Dr. Pradeep Jain v. Union of India (1984) 3 SCC 654 indicated that admission for 25 per cent of the seats in post-graduate courses should be regulated on the basis of all-India selection and in regard to the remainder 75 percent of the seats were left to decide the procedure for admission.

5. Appropriate knowledge and expertise are a prerequisite for a person to be allowed to register himself as a medical practitioner. Very often, health problems require expert treatment. If anyone is authorised in society to practise medicine or undertake medical care without the appropriate qualification, society exposes itself to health hazards. The prescriptions by the Indian Medical Council and the attempts made by Government for regulating the medical study are for establishing a basically uniform knowledge to be imparted to the students before they can be entrusted with the nations medicare. Unless there is a sincere and thorough educational discipline to be gone through as a precondition to the grant of the requisite certificate the lives of citizens would be at peril.

6. The Indian Medical Council has prescribed a reasonable eriod of study on expert advice and upon taking into consideration the experience over the years as to how much study is necessary for the requisite qualification to be gathered. This Court has also indicated the dates of admission and commencement of the courses of study. The