Hon’ble Ashok Bhushan, J.—These writ petitions have been placed before this Bench under the orders of Hon’ble the Chief Justice dated 18th May, 2010 for answering the following two questions as framed by the Hon’ble Single Judge vide his order dated 17th May, 2010 :

“(1) Which of the two decisions namely Writ Petition No. 286 of 1991 (supra) decided on 21st October, 1991 and Dr. Sanjay Sharma (supra) lays down the correct law?

(2) Whether Clause 8(h) of the Notification dated 9th October, 1990, as amended by the Notification dated 8th July, 1996, which restricts candidates admitted to the Diploma Course from seeking admission in the same speciality in the Degree Course in the subsequent year to the exclusion of all other Degree or the Diploma Courses is violative of Article 14 of the Constitution?”

2. Writ Petition No. 16718 of 2010 (Dr. Nupur Singh v. State of U.P. and another) is being treated as leading writ petition since in the aforesaid writ petition counter-affidavit and two supplementary counter-affidavits have been filed. Reference of the facts of the aforesaid writ petition shall suffice for answering the questions referred.

3. Dr. Nupur Singh, the petitioner, appeared in the U.P. Post Graduate Medical Entrance Examination-2009 and on the basis of her rank in general category she appeared in the counselling and got admission in diploma in Gynaecology and Obstetrics in Rani Laxmiby Medical College, Jhansi where she joined and was pursuing her diploma course. The petitioner appeared in U.P. Post Graduate Medical Entrance Examination-2010 as advertised on 8th January, 2010. The petitioner appeared in the examination and secured 183 rank in the result against general category. In the prospectus of the Examination-2010 there was condition in Clause (iv)(b), which provides as under :

“(iv)(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 subject only.”

4. The petitioner has filed this writ petition praying for quashing Condition No. (iv)(b) of the Information Brochure of U.P. Post Graduate Medical Entrance Examination-2010 and further for a writ of mandamus commanding the respondents to permit the petitioner to appear in all subjects available at the time of counselling as per her merit and not to compel the petitioner to get admission only in degree course of Gynaecology and Obstetrics. The writ petition was filed on 26th March, 2010 whereas counselling was to start from 11th April, 2010. The Hon’ble Single Judge by order dated 9th April, 2010 permitted the petitioner to participate in the counselling in accordance with Condition 3(iv)(b) of the conditions mentioned in the Brochure which was made subject to decision of the writ petition. The writ petition was subsequently permitted to be amended permitting the petitioner to challenge Clause 8(e) of the Notification dated 9th October, 1990 as amended by notification dated 30th March, 1994 and 8th July, 1996 as ultra vires to the Constitution of India.

5. Learned counsel for the petitioner, in support of the writ petition, has contended that Clause 8(e) of the notification dated 9th October, 1990 issued by the State Government in exercise of power under sub-section (5) of Section 28 of the U.P. State Universities Act, 1973 is violaitve of Article 14 of the Constitution since it restricts a candidate pursuing a post-graduate diploma course in a particular subject from appearing in other specialities in the subsequent U.P. Post Graduate Medical Entrance Examination. It is contended that petitioner, who is pursuing a diploma course, has every right to obtain admission in different specialities according to merit and option as exercised in the subsequent entrance examination. It is submitted that a candidate who is pursuing diploma course in Medical Colleges in other States selected on the basis of All India Post Graduate Medical Entrance Examination is not