Hon’ble Dilip Gupta, J.—The petitioners, who had appeared at the U.P. Post Graduate Medical Entrance Examination-2009 (hereinafter referred to as the ‘U.P.P.G.M.E.E.- 2009’) and were admitted to the Diploma Courses, have sought the quashing of Condition No. 3(iv)(b) contained in the Information Brochure of the U.P. Post Graduate Medical Entrance Examination-2010 (hereinafter referred to as the ‘U.P.P.G.M.E.E.-2010’). They have also sought a declaration that Clause 8(e) of the Notification dated 9th October, 1990 issued by the State Government, as amended by the Notifications dated 30th March, 1994 and 8th July, 1996 is ultra vires the Constitution and a direction upon the respondents to permit them to appear in the U.P.P.G.M.E.E.-2010 counselling in all the subjects available at the time of counselling as per the merit and not to compel them to seek admission in the Degree Courses in the same subject in which they are pursuing the Diploma Courses.

2. On the basis of the result of the U.P.P.G.M.E.E.-2009, Dr. Nupur Singh (petitioner in Writ Petition No. 16718 of 2010) was admitted to the Diploma Course in Gynaecology and Obstetrics in Maharani Laxmi Bai Medical College, Jhansi, Dr. Amit Dwivedi (petitioner in Writ Petition No. 16720 of 2010) was admitted to Diploma Course in Orthopedics in L.R. Medical College, Meerut, Dr. Pratishtha Sachan (petitioner in Writ Petition No. 16722 of 2010) was admitted to the Diploma Course in Laryango and Otology in Maharani Laxmi Bai Medical College, Jhani, Dr. Monika Shukla (petitioner in Writ Petition No. 18769 of 2010) was admitted to the Diploma Course in Gyanaecology and Obstetrics in Baba Raghav Das Medical College, Gorakhpur and Dr. Hari Shankar Gangwar (Petitioner in Writ Petition No. 14687 of 2010) was admitted to the Diploma Course in Orthopedics in M.L.B. Medical College, Jhansi.

3. For the U.P.P.G.M.E.E.-2010, Chhatrapati Shahu Ji Maharaj Medical University, Lucknow (hereinafter referred to as the ‘Medical University’) published the prospectus and the eligibility for admission to M.D./M.S/Post Graduate Diploma seats are contained in Clause 3 of the aforesaid prospectus and are as follows :

“3. ELIGIBILITY FOR ADMISSIONS :

(i) Candidates who have passed MBBS /BDS Course from the State Medical Colleges of Agra, Allahabad, Gorakhpur ,Jhansi, Kanpur, Meerut and Medical / Dental Faculty of CSM Medical University, Lucknow and recognized Private Medical /Dental Colleges of U.P. are eligible to appear in the entrance examination. (vide G.O. No. 09/71-03-02-104/2001 Dated 22.1.2002)

(ii) Candidates who have passed MBBS from Himalayan Institute of Medical Sciences, Dehradun,and are bona fide residents of U.P. and selected through CPMT 2000 conducted by Undivided Uttar Pradesh are also eligible. (Vide G.O. No. 1202/71-03-04-sa-64/2000 dated 11.8.2004 and G.O. No. 4917/71-03-04 sa-64/2000 dated 20.3.2007. Candidates who have passed MBBS from the Himalayan Institute of Medical Sciences, Dehradun and are bona fide students of U.P. but selected after year 2000 in that Institute are not eligible.

(iii) Candidates must have completed or completing their Compulsory Rotatory Internship by 30th May, 2010.

(iv) A candidate who has already taken admission on the basis of earlier U.P.P.G.M.E.E./A.I.P.G.E.E. is not eligible to appear in the examination until he/she completes and passes the course where he/she is presently admitted. However, such a candidate shall be eligible if—

(a) he/she has resigned from the said course, his/her resignation has been accepted by the Principal of the Medical/Dental college or the Vice Chancellor in the case of candidates of CSM Medical University and he/she has refunded the full amount of salary/stipend received by him/her during the said course, before the date of notification of this examination, i.e. 1.1.2010.

(b) he/she is presently pursuing P.G. Diploma course in any subject, with the condition that he/she will be considered for the Postgraduate Degree course in that