Judgement

KASLIWAL, J.:- All the above cases relate to the Doctors who had appeared in the entrance examination of 1990-91 for admission to Post-Graduate Medical Courses of seven medical colleges in the State of Uttar Pradesh. In some of these cases the candidates have filed Writ Petitions under Article 32 of the Constitution directly in this Court while in some cases the candidates first approached the High Court and being unsuccessful in the High Court have filed Special Leave Petitions against the orders of the High Court and there are some Special Leave Petitions filed by the State of Uttar Pradesh or by the Principal of the Medical Colleges against the orders of the High Court where the High Court had passed the orders in favour of the candidates. Though the points raised in all these cases are identical but in some cases, the notice has not been served on the respondent candidates and in some Special Leave Petitions the defects pointed out by the office have not been removed by the petitioners. In view of the circumstances mentioned above we are stating the facts of the Writ Petitions filed by the Doctors under Article 32 of the Constitution and decision in these cases would cover the controversy in all these cases.

2. All the above writ Petitions have been filed by the doctors who had appeared in the entrance examination of 1990 and 1991 for admission to Post-Graduate Medical Courses of Medical Colleges in the State of Uttar Pradesh. All the petitioners secured less than 50% marks in the general category and less than 40% marks in the SC/ ST category necessary to qualify for admission to the Post-Graduate Course. The petitioners have challenged the aforesaid rules by which the minimum percentage of marks has been kept as 50% for general category and 40% for SC/ ST category. This Court in a recent decision in State of Uttar Pradesh v. Dr. Anupam Gupta, AIR 1992 SC 932: (1992 AIR SCW 746) had already held that the prescription of 50% cut off marks for the students of general category and 40% for SC/ STs was valid. The aforesaid decision was affirmed in Writ Petitions (Civil) Nos. 451, 454, 525, 545 of 1992, Ombir Singh v. State of U. P. decided on July 30,1992 (reported in 1992 AIR SCW 3218) and it was held that any challenge to the above rule laying down minimum percentage of marks for eligibility for admission to Post-Graduate Courses was no longer res integra.

3. It was, however, contended on behalf of the petitioners that while deciding the case 0mbir Singh v. State of U. P., (1992 AIR SCW 3218) (supra) relating to the entrance examination for the year 1992, this Honble Court had made a recommendation that the State Government may take suitable steps for redressing the long felt grievance of the doctors to fill up all the seats which remained vacant after the admission of those candidates who had secured the minimum qualifying marks in such entrance examination. It has been submitted that a similar direction may be given in respect of seats which remained vacant in the years 1990 and 1991 also. In this regard it was submitted that the State Government itself in a chart submitted before this Court has admitted that 256 seats remained Vacant in 1990 and 180 seats in 1991. It was further submitted that such direction be given in respect of all those petitioners who have approached this Court or the High Court in this regard.

4. The above prayer has been opposed on behalf of the State Government. It has been submitted on behalf of the State that there is no provision for carrying forward the vacant seats of any particular year to the subsequent years. It has been submitted that if the candidates of 1990 and 1991 batch are admitted now, they will have to join along with 1992 batch and this would increase the total strength of Post-Graduate students for the year 1992. It has been pointed out that the maximum number of seats for Post-Graduate Courses in 1992 is 535 out of which 318 have been filled by the candidates securing mo