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7. A regular return has not been filed in the case but reply to application for ad interim writ has been filed in detail setting out the case of the Respondents. There are two applications for intervention in the case, one on behalf of Dr. Ajay Karkare and six others. They have opposed the petition on the ground that the Petitioner and candidates like him who had not completed internship before 31-12-1992 were not eligible for taking the Examination and they have taken the Examination despite the rule which provided that the candidates must have completed their one year rotating internship before 31-12-92. These intervenes contend that the petitioner and the candidates like him have taken the Examination concealing the fact that they were not eligible having not completed their internship before 31-12-92. On the grounds of equity also according to these interveners, the petition deserves to be dismissed, the petitioners having not come to Court with clean hands. The other Intervener is Dr. Samir Shukla the Petitioner in M. P. No. 1400/93. His case is being similar to the Petitioner in this case, he has naturally supported the petition. Certain amendments were sought in the petition taking legal points and certain documents were also filed. The parties were told that all the points raised in the amendment application will be allowed to be raised and the documents filed would be considered and the hearing took place on that understanding.

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Every student who has passed his MBBS Examination shall be eligible for appearing at this Examination even though he has not completed his compulsory rotating internship/practical training, but he shall not be entitled to be admitted to the post-graduate course until he has completed such internship or practical training and obtained registration either from the Medical Council of India or a State Medical Council. On this view, so far as admissions to Post-graduate Courses are concerned, it may not be possible to give effect to our judgment dated 22nd June 1984 (reported in AIR 1984 SC 1420), until the academic year commencing in 1988.' The students seeking admission to Post-graduate Courses for the academic year commencing in 1987 would be those who have completed their compulsory rotating internship/practical training in November/December 1986 and now to require them, after a break of one year, to prepare again for appearing at the all India Entrance Examination would cause considerable hardship and inconvenience. Admissions to post-graduate courses for the academic year commencing in 1987 may therefore be given on the basis that our judgment dated 22nd June 1984 does not govern such admissions. But an All India Entrance Examination would have to be held in 1987 for the students who would be passing MBBS Examination in the end of 1986 and who would be completing their compulsory rotating internship/practical training in the end of 1987 and seeking admission to'Post-graduate courses for the academic year commencing 1988. We must of course make it clear that it would be open to a student to appeal at the All India Entrance Examination even after he has completed his compulsory rotating internship/practical training, arid he would be entitled to compete for admission to Post-graduate Courses for the academic year immediately following the completion of his internship or practical training. We would also like to add that though we have prescribed this programme for holding the All India Entrance Examination for admission to post-graduate courses, if any difficulty is found in following this programme, it would ,be open to the Government of India to alter it in such manner as it thinks fit after consultation with the Ail India Institute of Medical Sciences and Medical Council of India. We are leaving a certain measure of latitude to the Government of India because it is possible that some difficulties may be encountered in implementation of this programme which we have not been able to anticipate and foresee."

19. In the aforesaid circumstances, it is clear that admissions for a three year degree course in the year 1992 also had to be given through a Pre-P.G. Entrance Test alone. It was not possible to hold the Pre-P.G. Examination for grant of admission to three years Pre-P.G. course without or including a house-job only because of litigation. If, the State Government was allowed to take the Examination as proposed by it, Pre-P. G. Examination for admission to three years P.G. course would have been taken in the year 1992 itself. In such ari examination candidates completing their internship up to. 31-12-1992 only would have been eligible and candidates completing internship beyond 31-12-1992 would not have been eligible. It is also clear that this particular Examination which was taken in the year 1993 was the Examination meant for the year 1992. In these circumstances, the cut-off date of 31-12-1992 for deciding eligiblity on the ground of completion of internship on that day had definitely proper nexus with the object of selection i.e. to select candidates for three year Pre-P,G. courses in Medical Colleges of the State for the year 1992. In these peculiar circumstances of the case the claim of the petitioners who have completed the internship after 31-12-1992 must fail. The fortuitous circumstance delaying the Examination or the circumstances created by litigating candidates cannot come to the rescue of those who could have not been eligible for taking the Examination. If the Examinations were held as per the schedule. We are therefore of the opinion that in the circumstances of this case prescribing 31-12-1992 as the cut-off date for deciding eligibility on the basis of completion of internship before 31-12-1992 is not arbitrary and is perfectly valid.

mence immediately and would be complete in the same month next year. If the Pre-P.G. courses are scheduled to commence the very next month the M.B.B.S. results are announced, automatically, most of the candidates would be eligible to take the next Pre-P.G. without loss of time as the cut-off date for determining the eligibility on the basis of completion of internship would then synchronise with the commencement of the Pre-P.G. Course. Those who completed internship after the commencement of Pre-P. G. Course for any reason would have to wait for the next year, but, that cannot be helped. However, all this is to be considered by the State Government which owns the Medical Colleges, the Medical Council of India which supervises the Medical Education in the country and the Universities to which the Medical College's are affiliated. It is not for us to make any positive direction in this respect as they would amount to interference in the academic field which should be left to the academicians alone.