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, 1991, the High Court allowed the writ petitions and directed to give them admission in Allahabad and Agra Medical College in the Gynaecology and Obstetrics degree course 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 two vacant seats available for admission, directed those seats be given to them. Following this ratio Dr. Sanjay Agarwal was directed to be admitted in the Post Graduate Degree Course in Anesthesia in Gorakhpur Medical College in his writ petition. The State filed the appeals against these judgments.

3. Section 28 (5) of the U. P. Universities Act 10 of 1973, as amended by the Act 15 of 1980, the later came into force from January 1,1979, for short the Act provides that:

"Notwithstanding anything contained in any other provisions of this Act, admission to medical and engineering, colleges and to course of instruction for degrees in education or Ayurvedic and Unani Systems of medicine (including the number of students to be admitted), shall be regulated by such orders (which if necessary may be with retrospective effect, but not effective prior to January 1, 1979) as the State Government may, by notification, make in that behalf:

Provided that no order regulating admissions under this sub-section shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice."

4. The non obstante clause diffuses the effect of any inconsistent law in the Act and empowers the State Govt., if 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.

5. In exercise of the power under subs.(5) of S. 28, G.O. 4215 dated August 22, 1989 was issued by the State Govt. to enforce junior residency/ senior residency and dental residency scheme in all Govt. 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. Clause 3 prescribes the procedure for selection of the candidates for the aforesaid scheme. Clause 3 (e) is relevant which reads thus:

"The residents shall be selected department wise in the colleges under the said scheme and their registration shall take place on the basis of merit-cum-option. The merit shall be 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 (50: 50)."

The competitive examination shall start with new batch for 75% seats in the institutions and the eligibility criteria was prescribed