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1 - 3 of 3 (0.16 seconds)Article 226 in Constitution of India [Constitution]
State Of Uttar Pradesh And Ors vs Dr. Anupam Gupta Etc on 13 February, 1992
6. A counter affidavit has been filed on behalf of respondent No. 1, University of Delhi. According to respondent No. 1, Post-Graduate Medical Courses commence every year on 2nd May and the admissions close on 1st July. The Hon'ble Supreme Court in State of Uttar Pradesh & Others Vs. Dr. Anupam Gupta & Others, reported in 1993 Supp. 1 S.C.C. 594 has held that the courses have to be commenced and completed on schedule and that admissions in the midstream will disturb the course and that vacant seats should not be taken as a ground to give admissions. However, it is admitted in the counter affidavit that the Inspection Committee constituted by the University had recommended on 20th February, 1996 enhancement of seats in Neuro surgery in G.B.Pant Hospital from 2 to 4. It is also admitted that the Academic Council of the University vide Resolution No. 190 dated 8.5.96 accepted the recommendation to increase seats from 2 to 4. It is further pointed out that as per the procedure /rule laid down for increase of seats, the University cannot increase the number of seats in the medical courses without the approval of the Government of India. It is stated that in the year 1997 there were only two seats in M.Ch (Neuro surgery) in G.B.Pant Hospital and hence only 10 candidates were called for screening/ practical/viva-voce examination. For admission to DM/M.Ch courses the ratio between the seats and the candidates to be called for viva-voce is 1:5. According to respondent No. 1, in case the number of seats is increased from 2 to 4, 20 candidates will have to be called for viva-voce and the merit list will have to be prepared from the 20 candidates, in which case the petitioner's position may be anywhere between 3 to 20. It is also stated that there were 30 applications for M.Ch (Neuro surgery) course for the year 1997-98. It is further contended by respondent No. 1 that while the duration of M.Ch (Neuro surgery) course is two years the approval granted by the Government of India for the increase of the number of seats is only for one year and is to be reviewed after verification of achievements of the physical and other infrastructural facilities as stipulated in the Letter of Intent. It is also contended that it was not possible to admit the petitioner before receiving the permission of the Government of India for increasing the number of seats and that by the time the permission was received the last date for admission was already over and that it would not be possible for the University to extend the last date. The counter affidavit also refers to the respondent's letter dated 24.10.97 addressed to the Director, G.B.Pant Hospital wherein it was stated that the number of seats could not be increased from 2 to 4 for the session 1997 as the last date for admission was already over on 1.7.97. The respondent has also pointed out that the petitioner has already joined M.Ch (Neuro surgery) course in Swai Mansingh College, Jaipur.
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