Judgment

B. C RAY, J. : - All these matters involve a common question of law as to whether the notice dated 15-12-1982 issued by the Government of Uttar Pradesh laying down the qualification regarding eligibility of a candidate to be considered for admission to the post-graduate degree in M.D., M.S. and diploma course in M.D., M.S., etc., on the basis of merit in accordance with the Regulations made under the Indian Medical Council Act is invalid as it trenches upon entry 66 of List I of the Seventh Schedule to the Constitution.

2. Civil Appeal No. 6119 of 1983 is against the judgment and order dated 22-4-1983 made in Civil Misc. Writ Petition No. 946 of 1983: (reported in 1983 All LJ 889) by the High Court of Allahabad dismissing the writ petition holding that it was within the competence of the State Government to issue the aforesaid notice laying down the qualification of eligibility for being considered for admission to the post-graduate course by issuing notice dated 15-12-1982 and that the said notice is not repugnant to or does not encroach upon the field covered by entry 66 of the List I of the Seventh Schedule to the Constitution.

3. Special Leave Petition No. 7925 of 1983 out of which Civil Appeal No. 6016 of 1983 arises is also directed against the order dated 3-5-1983 summarily dismissing the writ petition No. Nil raising the identical question i.e. challenging the aforesaid notice dated 15-12-1982 issued by the State of Uttar Pradesh.

4. The other writ petitions have been filed before this Court challenging also the power of the State of U.P. to issue such notice dated 15-12-1982 and raising the similar question of law.

5. The salient facts of all these cases in brief are as follows :-

In accordance with the provisions of S. 33 of the Indian Medical Council Act, 1956, the Medical Council with the previous sanction of the Central Government made the Regulations laying down the standards for proficiency to be obtained and the practical training to be undertaken in medical institutions for grant of recognised medical qualification. The said Regulations as approved by the Central Government lay down the criteria for selection of candidates for post-graduate training as follows :-

" (a) Students of post-graduate training should be selected strictly on merit judged on the basis of academic record in the undergraduate course. All selection for postgraduate studies should be conducted by the Universities.

(b) The candidates should have obtained full registration i.e. they must have completed satisfactorily one year of compulsory rotating internship after passing the final MBBS examination and must have full registration with State Medical Council.

(c) They must subsequently have done one years housemanship prior to admission to the post-graduate degree or diploma course. Housemanship should preferably be for one year in the same subject or at least six months in the same department and the remaining six months in an allied department provided that in departments like Radiology/ Anaesthesiology/physical medicine and Rehabilitation where suitable candidates who have done housemanship in Medicine and/or in the surgery may be considered as sufficient.

Alternatively

must have worked as a Full-time post-graduate student in a manner equivalent to housemanship requirements, in the department concerned before taking up the post-graduate courses."

The post-graduate Committee was of the opinion that in order to determine the merit of a candidate for admission to post-graduate medical courses, (i) his performance at the MBBS examination; (ii) his performance during the course of internship and housemanship for which a daily assessment chart be maintained and (iii) the report of the teachers which is to be submitted periodically may be considered.

Alternatively the authorities concerned may conduct competitive entrance examination to determine the merit of a candidate for admission to post-graduate medical courses.

The period of training for M.D.,