K.JAGANNATHA SHETTY, K.RAMASWAMY
State Of U. P. – Appellant
Versus
Anupam Gupta – Respondent
JUDGMENT
K.RAMASWAMY, J.:- Special leave granted.
2. As common questions of facts and law arise for decision, these appeals are disposed of by a common judgment. Dr. Anupam Gupta, Dr. (Km.) Renu Agarwal and Dr. Sanjay Agarwal passed their M.B.B.S. course and also completed internship. The first two appeared for the Post Graduate Medical Entrance Examination (P.G.M.E.E.) held by Lucknow University on September 30, 1990 for admission into postgraduate degree and diploma courses in specialities. Dr. Sanjay Agarwal had appeared for the year 1991. Dr. Anupam Gupta secured in his qualifying M.B.B.S. examination 61.8% and 41.6% in Entrance examination. Dr. (Km.) Renu Agarwal secured 65% in the M.B.B.S qualifying examination and 49.1% in Entrance examination. Dr. Sanjay Agarwal secured 53.60 in qualifying M.B.B.S. examination and 46.6% in Entrance examination. They were denied admission in postgraduate courses due to their failure to secure minimum 50% qualifying marks in the Entrance examinations. Assailing the denial thereof, offending Articles 14, 15(1) and 29(2) of the Constitution they filed the writ petitions. In the case of first two Doctors, by a common judgment dated August 24, 199
relied on : Dr Pradeep Jain v. Union of India
Dr Dinesh Kumar v. Motilal Nehru Medical College, Allahabad
Dr Ambesh Kumar v. Principal, LLRM Medical College, Meerut
distinguished and limited : Jeevak Almast v. Union of India
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