1991 (11) TMI 259

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....fake writ petition the High Court of Allahabad made an order that admission could be effected on the basis of the MBBS results. That can counter to the decision of this Court and on being looked into it transpired that the proceedings before the High Court were totally fraudulent and no one by the name given in the petition as petitioner could really be identified. This Court at that stage had clearly indicated that the prescription by this Court has been that there should be a selection test for post-graduate admission as admission has become very competitive and to have compliance of Article 14 of the Constitution a broad- based arrangement should be made. On that account this Court had clearly indicated that no admission should be permit....

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....duate degrees in the medical wing through out the country has become very competitive and it has become clear thatstrict regulation is necessary. . This Court by its judgement in Dr. Pradeep, Jain & Ors. v. Union of India & Ors [1984] 3 sec 654 indicated that admission for 25 percent of the seats in post-graduate courses should be regulated on the basis of all-India selection and in regard to the remainder 75 per cent of the States were left to decide the procedure for admission. Appropriate knowledge and expertise are a prerequisite for a person to be allowed to register himself as a medical practitioner. Very often, health problems require expert treatment. If anyone is authorised in society to practise medicine or undertake medical-care ....

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....ly loses in a case of this type a very embarrassing situation crops up. If he has by then read for two to three years, there is a claim of equity raised on the plea that one cannot reverse the course of time. In a case of this type equities should not be claimed or grained. 'Faking an overall picture of the matter we are of the view that unless there is any special reason to be indicated in clear terms in an interlocutory order as a rule no provisional admission should be granted and more so into technical courses. On the basis of what we have said the order of the High Court should be reversed but we are not doing so on account of the fact that nine similarly placed medical graduates have already been given admission pursuant to suc....