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PETITIONER: DR. AMBESH KUMAR ETC. ETC.

       Vs.

RESPONDENT: PRINCIPAL, LLRM MEDICAL COLLEGEMEERUT AND ORS. ETC. ETC.

DATE OF JUDGMENT19/12/1986

BENCH: RAY, B.C. (J) BENCH: RAY, B.C. (J) SEN, A.P. (J)

CITATION:  1987 AIR  400            1987 SCR  (1) 661  1986 SCC  Supl.  543     JT 1986  1124  1986 SCALE  (2)1211  CITATOR INFO :  F          1987 SC2034  (19)  R          1992 SC 932  (9)

ACT:     Education,    medical--Admission    to     Post-graduate medical courses--Indian Medical Council prescribing  certain qualifications  for admission--State Government  prescribing an additional condition, as regards the selection  according to  merit of a minimum of 55% and 52% marks in MBBS  respec- tively for admission to Degree and Diploma  courses--Whether the  said  order is repugnant to or encroaches  upon  or  in conflict  with the power of the Central legislature to  make laws  in respect of matters specified in Entry 66 of List  I of the Seventh Schedule to the Constitution--Constitution of India, Article 162 and Entry 25 of List III and Entry 66  of List I of the Seventh Schedule, scope.

HEADNOTE:     While  the Central Government as well as the  Parliament has  the power to make laws under Entry 66 of List I of  the Seventh Schedule for the purpose of "coordination and deter- mination  of standards in institutions for higher  education or research and scientific and technical institutions",  the State  Government by virtue of the executive  powers  vested under Article 162 of the Constitution has also the power  to make  laws under Entry 25 of the Concurrent List III of  the Seventh Schedule in respect of "Education, including techni- cal  education, medical education and universities,  subject to  the provisions of Entries 63, 64, 65 and 66 of  List  I; vocational and technical training of labour".     In  accordance with the provisions of section 33 of  the Indian  Medical Council Act, 1956, the Medical Council  with the  previous  sanction of the Central Government  made  the Regulations  laying down the standards of proficiency to  be obtained  and  the practical training to  be  undertaken  in medical institutions for grant of recognised medical  quali- fication.  The  said Regulations lay down the  criteria  for selection  of candidates for post-graduate training and  one such criteria is "students of post graduate training  should be selected strictly on merit judged on the basis of academ- ic record in the undergraduate course".

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   While inviting applications by its notice dated 15.10.82 for admission to the various post graduate courses in degree and diploma in the 662 different specialities the State Government issued an  order dated  15.12.82, para 6 of which was to the effect that  "No candidate  shall he eligible for admission to post  graduate degree or diploma course, who has obtained less than 55% and 52%  marks  respectively  for the two  courses  (Degree  and Diploma)  in merit calculated in accordance with para  2  of the said notice."     Some of the candidates who were denied admission on  the ground  that  they have obtained less  than  the  prescribed percentage of marks have approached the Supreme Court  under Article 32 of the Constitution and some others have come  by way of special leave having lost their writ petitions before the Allahabad High Court.     The  only question that arose was the competency of  the State Government to prescribe the minimum marks obtained  in MBBS for admission to post graduate courses and whether such an order is in conflict with the power of the Central Legis- lature to make laws in respect of matters specified in Entry 66 of List I of the Seventh Schedule. Dismissing the appeals and the petitions, the Court,      HELD:  I.1. The State Government order  dated  15.12.82 has not in any way contravened or encroached upon the  power of  the  Central  Legislature to make laws  or  the  Central Government  to make orders in regard to matters provided  in Entry 66 of List 1 of Seventh Schedule to the  Constitution- There  is no conflict between the Regulations and  also  the order  in question. The State Government by laying down  the eligibility  qualification namely the obtaining  of  certain minimum marks in the MBBS examination ’by the candidates has not  in any way encroached upon the Regulations  made  under the  Indian  Medical Council Act nor does  it  infringe  the central  power  provided in the Entry_ 66 of List I  of  the Seventh  Schedule  to  the Constitution.  The  order  merely provides an additional eligibility, qualification-[672C-F]      1.2 The State Government can in exercise of its  execu- tive  power  under Article 162 of the Constitution  make  an order  relating  to matters referred to in Entry 25  of  the Concurrent List in the absence of any law made by the  State Legislature- The impugned order made by the State Government pursuant to its executive powers laying dawn the eligibility qualification for the candidates to he considered on  merits for  admission to the post-graduate courses in Medical  Col- leges  in the State, is valid and it cannot he  assailed  on the ground that it is beyond the 663 competence  of the State Government to make such order  pro- vided it does not encroach upon or infringe the power of the Central  Government  as well as the Parliament  provided  in Entry  66 of List I. The impugned order dated 15.12.82  lays down the criteria or eligibility qualification i.e.  obtain- ing 55% of marks by candidates seeking admission in the post graduate degree course and obtaining of 52% marks by  candi- dates seeking admission to post graduate diploma course  for being considered for selection. The order in question merely specifies  a  further eligibility  qualification  for  being considered for selection for admission to the post  graduate courses (degree and diploma) in the medical colleges in  the State  in  accordance  with the criteria laid  down  by  the Indian  Medical Council. This does not in any  way  encroach upon the Regulations that have been framed under the  provi- sions  of section 33 of the Indian Medical Council  Act.  On

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the other hand in order to promote and further the  determi- nation  of standards in institutions for  higher  education, the  State  Government who runs these  colleges  provide  an additional  eligibility qualification, under its own  right. [669E-G; 670D-H]     1.3  In the instant case the number of seats for  admis- sion to various post-graduate courses both degree and diplo- ma  in  Medical Colleges is limited and a  large  number  of candidates undoubtedly apply for admission to these  courses of  study. In such circumstances the impugned  order  laying down  the qualification for a candidate to he  eligible  for being  considered  for selection for admission to  the  said courses  on the basis of the merit as specified  by  Regula- tions  made under the Indian Medical Council Act, cannot  be said  to he in conflict with the said Regulations or in  any way  repugnant to the said Regulations. It does not  in  any way  encroach  upon  the standards prescribed  by  the  said Regulations.  On  the other hand by laying  down  a  further qualification  of eligibility it promotes and  furthers  the standard in an institution. [671D-E] State  of  A.P.  & Ors. v. Lavu Narendranath  &  Ors.  etc., [1971] 3 SCR 699; R. Chitralekha and Anr. v. State.of Mysore JUDGMENT: Madras & Ors., [1968] 2 SCR 786, referred to.

&     CIVIL APPELLATE JURISDICTION: Civil  Appeal  No. 6016 of 1983 etc.     From the Judgment and Order dated 3.5.1983 of the  Alla- habad  High  Court in Civil Misc. Writ Petition No.  nil  of 1983. Yogeshwar Prasad, R.K. Garg, Mrs. Rani Chhabra, V.J. 664 Francis, N.M. Popli and D.K. Garg for the Appellants. Anil Dev Singh and Mrs. Shobha Dikshit for the Respondents. The Judgment of the Court was delivered by     B.C. RAY, J: All these matters involve a common question of law as to whether the notice dated 15.12,. 1982 issued by the  Government of Uttar Pradesh laying down the  qualifica- tion  regarding eligibility of a candidate to be  considered for admission to the post-graduate degree in M.D., M.S.  and diploma  course in M.D., M.S. etc. on the basis of merit  in accordance with the Regulations made under the Indian  Medi- cal  Council Act is invalid as it trenches upon Entry 66  of List I of the Seventh Schedule to the Constitution.     Civil  Appeal No. 6119 of 1983 is against  the  judgment and order dated 22.4. 1983 made in Civil Misc. Writ Petition No.  946 of 1983 by the High Court of  Allahabad  dismissing the writ petition holding that it was within the  competence of the State Government to issue the aforesaid notice laying down  the qualification of eligibility for being  considered for admission to the post-graduate course by issuing  notice dated  15.12.1982 and that the said notice is not  repugnant to  or  encroach upon the field covered by Entry 66  of  the List I of the Seventh Schedule to the Constitution.     Special  leave  petition No. 7925 of 1983 out  of  which Civil  Appeal  No.  6016 of 1983  arises  is  also  directed against  the order dated 3.5.1983 summarily  dismissing  the writ  petition No. Nil raising the identical  question  i.e. challenging the aforesaid notice dated 15.12.1982 issued  by the State of Uttar Pradesh.     The  other  writ petitions have been filed  before  this Court  challenging  also the power of the State of  U.P.  to

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such  notice dated 15.12.1982 and raising the similar  ques- tion of law. The  salient facts of all these cases in brief are  as  fol- lows:-     In  accordance with the provisions of Section 33 of  the Indian  Medical Council Act, 1956, the Medical Council  with the  previous  sanction of the Central Government  made  the Regulations laying down the standards for proficiency to  be obtained  and  the practical training to  be  undertaken  in medical institutions for grant of recognised medical  quali- fication. The said Regulations as approved by the 665 Central  Government lay down the criteria for  selection  of candidates for post-graduate training as follows:-               "(a) Students of post-graduate training should               be  selected strictly on merit judged  on  the               basis of academic record in the  undergraduate               course. All selection for post-graduate  stud-               ies should be conducted by the Universities.               (b)  The candidates should have obtained  full               registration  i.e.  they must  have  completed               satisfactorily one year of compulsory rotating               internship after passing the final MBBS exami-               nation  and must have full  registration  with               State Medical Council.               (c)  They  must  subsequently  have  done  one               year’s housemanship prior to admission to  the               post-graduate   degree  or   diploma   course.               House-manship  should  preferably be  for  one               year  in  the  same subject or  at  least  six               months in the same department and the  remain-               ing six months in an allied department provid-               ed that in departments like Radiology/  Anaes-               thes, biology/physical medicine and  Rehabili-               tion  where suitable candidates who have  done               housemanship in Medicine and/or in the surgery               may be considered as sufficient.               Must have alternatively worked as a Full  time               postgraduate student in a manner equivalent to               housemanship  requirements, in the  department               concerned  before taking up the  post-graduate               courses."     The  post-graduate Committee was of the opinion that  in order to determine the merit of a candidate for admission to post-graduate  medical courses, (i) his performance  at  the MBBS examination; (ii) his performance during the course  of internship  and  housemanship for which a  daily  assessment chart  be  maintained and (iii) the report of  the  teachers which is to be submitted periodically may be considered.      Alternatively  the  authorities concerned  may  conduct competitive entrance examination to determine the merit of a candidate for admission to post-graduate medical courses. 666     The  period  of training for M.D., M.S. shall  be  three years  after full registration including one year  of  house job or equivalent thereof."     The  State  Government issued a notice  on  15.10.  1982 inviting  applications  for admission to the  various  post- graduate  courses  in degree and diploma  in  the  different specialities of the medical colleges. In para 4 of the  said notice  it  has been specifically stated  that  the  minimum eligibility qualification of the applicants would be accord- ing  to  the recommendations of Medical  Council  of  India. There are other terms and conditions regarding filling up of the  seats of the various disciplines which being not  rele-

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vant  for consideration in these matters, are not  mentioned herein. The terms and conditions of the said notice  clearly stated that the admission will be made as per existing rules and regulations of the Government and the college and recom- mendations  of  the Medical Council of India.  Thereafter  a Government Order dated 15.12.1982 was issued by the  Govern- ment wherein it has been provided in para 6 to the following effect:--               "No candidate shall be eligible for  admission               to postgraduate Degree or Diploma Course,  who               has  obtained  less  than 55%  and  52%  marks               respectively,  for the two courses  (Degree  &               Diploma)  in  merit calculated  in  accordance               with para 2 of the said notice:"     Para 2 of this notice lays down the manner of  determin- ing the merit of a candidate for the purpose of  considering his  admission to the post-graduate course in State  Medical Colleges.     In  accordance  with  the  said  Government  Order dated 15.12.1982, a candidate in order to be eligible for  consid- eration  for admission to the post-graduate course on  merit must  have secured 55% marks for admission to  post-graduate degree course and 52% marks for admission to the post-gradu- ate diploma course. Thus a candidate having not secured  the requisite  marks in MBBS examination will be ineligible  for consideration  on  the basis of merit for admission  to  the various post-graduate courses in medical college. The unsuc- cessful  candidates who are not eligible  for  consideration according  to  this  Government Order  have  questioned  the power’ of the State Government in making the aforesaid order on  the ground that the Medical Council by  its  Regulations has  already laid down the requisite criteria  or  standards for  admission to the post-graduate courses in  the  Medical Colleges  in  accordance with the merits of  the  candidates con- 667 cerned and as such the State Government is not competent  to lay  down further eligibility qualification for  the  candi- dates for being considered for admission in the  post-gradu- ate courses--both in the degree and diploma courses. It  has also been contended that the State Government is not  compe- tent to lay down or prescribe the said qualification  which, it  is  alleged, encroaches upon the power  of  the  Central Government as provided in Entry 66 of List 1 of the  Seventh Schedule.  It  has also been pleaded in  the  petition  that Entry 25 of List III of Seventh Schedule to the Constitution is  subject to the provisions of Entry 66 of List I  and  as such the said Government Order being repugnant to the  Regu- lations  made by the Indian Medical Council and approved  by the Central Government pursuant to Section 33 of the  Indian Medical Council Act, is invalid.     The  writ petition was heard and was dismissed  on  22nd April, 1983 by the High Court of Allahabad holding that  the State Government is competent to make the Order under  Entry 25  of List III of the Seventh Schedule to the  Constitution in exercise of its executive power under Article 162 of  the Constitution of India.     It was further held that the said Government Order  does not, in any way, encroach upon or conflict with the power of the Central Government to make orders under Entry 66 of List I of Seventh Schedule to the Constitution, as the  screening envisaged  on the basis of the minimum percentage  of  marks acts in further implementation of the Regulations made under the  Indian Medical Council Act. It was also held  that  the notification  in question is prospective in its terms as  it

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applies  to all candidates who sought admission on or  after 15.12. 1982.      It is against this judgment and order the Civil  Appeal No.  6119  of 1983 has arisen by  special  leave.  Similarly Civil  Appeal  No. 6016 of 1983 has also arisen  by  special leave against the judgment and order of High Court of  Alla- habad dated 3.5.1983 made in writ petition No. nil of 1983.     Both  these Civil Appeals as well as the writ  petitions concern  the  admission  of students  in  the  post-graduate courses  in the Medical Colleges for the session  commencing on  1st  April, 1983 and ending on 31st of March,  1984,  in case of diploma course or ending on 31st March, 1985 in case of Degree course. Undoubtedly, this session has long expired and  as  such the applicants in the writ  petitions  or  the appellants in the said appeals will’ not be benefitted  even if the decision is 668 rendered in their favour. However, we deem it fit and proper to  dwell upon the only contention raised before this  Court regarding the validity of the Government order dated  15.12. 1982  whereby the Government of Uttar Pradesh have  specifi- cally  laid  down  in para 6 of the  Order  the  eligibility qualification  i.e. obtaining of 55% marks or 52% marks  for being eligible for consideration for admission in the  post- graduate  degree or diploma courses respectively in  accord- ance with the Regulations made by the Indian Medical Council for  consideration  strictly or merit for admission  to  the said  post-graduate courses both degree and diploma. It  has been  urged with some vehemence that it is within the  prov- ince  of Medical Council to make recommendations under  Sec- tion  33 of the Indian Medical Council Act  prescribing  the standards or criteria for selection of candidates for  post- graduate  training and the Central Government accepted  them by  framing Regulations. The State Government by  its  order dated  15.12.1982 prescribed a further criteria or  standard of  eligibility  for  the candidates to  be  considered  for admission to post-graduate degree or diploma course and this is  in conflict with the Regulations and as such it  is  in- valid as it encroaches upon the power of the Central Govern- ment provided in Entry 66 of List I of the Seventh  Schedule of the Constitution.     In  order to consider and determine this question it  is relevant  to  look into the Regulations made by  the  Indian Medical Council under Section 33 of the said Act. The  Regu- lations have been enumerated at pages-4-5. These Regulations thus provide that the students of postgraduate training  are to  be  selected strictly on merit judged on  the  basis  of academic  record in the under--graduate course and that  all selections for post-graduate studies are to be conducted  by the  Universities  besides  looking to  the  other  criteria regarding rotating internship, housemanship etc. The Govern- ment of Uttar Pradesh issued a notice on 15.10.1982 inviting applications  in prescribed form for admission to the  post- graduate degree and diploma courses for the different  Medi- cal  Colleges of the province. In para 4 of the said  notice it has been specifically provided that the minimum eligibil- ity  qualification of the applicants would be  according  to the  recommendations  of the Medical Council  of  India.  On 15.12.1982, the Government issued another order laying  down the  policy and procedure to be followed with regard to  the admission  of candidates to the post-graduate courses  (both degree and diploma) in State Medical Colleges. In this order in para 6 it has been specifically provided that "no  candi- date  shall  be  eligible for  admission  for  post-graduate degree or diploma course who has obtained less than 55%  and

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52% marks respectively 669 for  the  two courses (degree and diploma) on  merit  to  be calculated in accordance with para 2 of the said order."  It is  this eligibility criteria laid down in the said  Govern- ment order which is the subject matter of challenge in these appeals and writ petitions before this Court.     The said order modifies to a certain extent the  earlier notification issued on 15.10.1982 inviting applications  for admission  to the post-graduate courses as per  notification dated  3.12. 1980. In the notification dated 3.12.1980,  the criteria  for admission to the post-graduate courses was  on the  basis  of merit only. In para 2 of the said  order  the manner how the merit is to be determined has been laid down. In  that order there was no such criteria laid down as  men- tioned in the Government order dated 15.12. 1982. Two  ques- tions arise for our consideration which are firstly  whether the  State  Government is competent to  make  the  aforesaid order in question in exercise ’of its executive powers under Article  162 of the Constitution. This Article  specifically provides that the executive powers of the State shall extend to  matters  with respect to which the  legislature  of  the State  has  power to make laws. Entry 25 of  the  Concurrent List i.e. List III of the Seventh Schedule to the  Constitu- tion provides as follows:--               "Education,  including  technical   education,               medical education and universities, subject to               the provisions of Entries 63, 64, 65 and 66 of               List  I; vocational and technical training  of               labour."     The  State Government can in exercise of  its  executive power make an order relating to matters referred to in Entry 25 of the Concurrent List in the absence of any law made  by the State Legislature. The impugned order made by the  State Government pursuant to its executive powers laying down  the eligibility  qualification for the candidates to be  consid- ered on merits for admission to the post-graduate courses in Medical  Colleges  in the State, is valid and it  cannot  be assailed  on the ground that it is beyond the competence  of the State Government to make such order provided it does not encroach  upon or infringe the power of the Central  Govern- ment as well as the Parliament provided in Entry 66 of  List I. Entry 66 of List I is in the following terms:--               "Co-ordination and determination of  standards               in  institutions for higher education  or  re-               search  and scientific and technical  institu-               tions."               670     The  only question to be considered is whether  the  im- pugned  order  is repugnant to or encroaches upon or  is  in conflict  with the power of the Central Legislature to  make laws  in respect of matters specified in Entry 66 of List  I of  the  Seventh Schedule to the  Constitution.  The  Indian Medical Council pursuant to Section 33 of the Indian Medical Council Act had made certain recommendations which have been embodied  in the Regulations made by the Central  Government laying  down  the criteria or standards  for  admitting  the candidates  to  various  post-graduate  disciplines  in  the Medical  Colleges  of the State. These Regulations,  as  has been quoted hereinbefore, clearly prescribe that the  candi- dates  should  be selected strictly on merit judged  on  the basis  of academic record in the undergraduate courses  i.e. MBBS  Course and this selection should be conducted  by  the University. There are also other eligibility  qualifications provided in the said Regulations namely the candidates  must

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have obtained full registration i.e. they must have complet- ed satisfactorily one year of compulsory rotating internship after passing the final MBBS examination and also they  must have done one year’s housemanship prior to admission to  the post-graduate degree or diploma course.     The  impugned  Government order dated 15.12.  1982  lays down the criteria or eligibility qualification i.e.  obtain- ing  of  55% marks by candidates seeking  admission  in  the post-graduate  degree course and obtaining of 52%  marks  by candidates seeking admission to postgraduate diploma  course for being considered for selection. Entry 25 conforms on the State Government as well as the State Legislature the  power to  make orders in respect of matters mentioned in Entry  25 of List III of the Seventh Schedule to the Constitution i.e. with  regard to medical education the only limitation  being that such order of the State legislature will be subject  to the provisions of Entry 66 of List I i.e. Co-ordination  and determination of standards in institutions for higher educa- tion or research and scientific and technical  institutions. The order in question merely specifies a further eligibility qualification for being considered for selection for  admis- sion  to the post-graduate courses (degree and  diploma)  in the  Medical  Colleges in the State in accordance  with  the criteria laid down by Indian Medical Council. This does  not in  any  way encroach upon the Regulations  that  have  been framed  under  the provisions of Section 33  of  the  Indian Medical  Council Act. On the other hand in order to  promote and  further the determination of standards in  institutions for  higher education, the State Government who  runs  these colleges provide an additional eligibility qualification.  A similar  question  crept up in the case of State of  A.P.  & Ors., v. Lavu Narendranath &.Ors. etc., [1971] 3 SCR 699. In 671 that  case the Government of Andhra Pradesh  prescribed  for the first time in July, 1970 an entrance test for  admission to the Medical Colleges and also prescribed the standard for eligibility  for the test. The validity of this  order  pre- scribing the entrance test was challenged by some unsuccess- ful  candidates  on the ground that it encroaches  upon  the central  subject  listed in Entry 66 of List  I  of  Seventh Schedule to the Constitution. It was held by the Court  that this  test prescribed by the Government in no way  militated with  the powers of the Parliament under Entry 66 of List  I of  the  Seventh Schedule to the Constitution. It  was  also held  that  the Entry conferred power on the  Parliament  to make  laws for laying down how standards in  an  institution for  higher education are to be determined and how they  can be co-ordinated. It had no relation to a test prescribed  by Government  or by a university for selection of a number  of students  from out of a large number applying for  admission to a particular course of study.     In the instant case the number of seats for admission to various  post-graduate  courses both degree and  diploma  in Medical Colleges is limited and a large number of candidates undoubtedly  apply for admission to these courses of  study. In  such  circumstances the impugned order laying  down  the qualification  for  a  candidate to be  eligible  for  being considered  for selection for admission to the said  courses on  the basis of the merit as specified by Regulations  made under  the Indian Medical Council Act, cannot be said to  be in  conflict with the said Regulations or in any way  repug- nant  to  the said Regulations. It does not in any  way  en- croach  upon  the standards prescribed by the  said  Regula- tions. On the other hand by laying down a further qualifica- tion of eligibility it promotes and furthers the standard in

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an institution.     The Government who runs these colleges has the right  to prescribe  a  test of eligibility as has been held  by  this Court in the case referred to above.     Similar  question came up for consideration before  this Court  in  the case of R. Chitralekha and Anr. v.  State  of Mysore & Ors., [1964] 6 SCR 368. In that case the Government of Mysore appointed one Selection Committee for settling the admissions  to  the Engineering Colleges  and  another  such committee for settling admissions to Medical Colleges. By  a letter  the Government of Mysore intimated the  Director  of Technical  Education that 25% of the maximum marks  for  the examination  in  the  optional subjects shall  be  fixed  as interview  marks  for  making selection  of  candidates  for admission to the Engineering Colleges. The Selection Commit- tee fixed the minimum 672 marks  for  interview at 75. On the basis of the  marks  ob- tained by the candidate in examination as well as in  inter- view, selections were made. This was challenged as  infring- ing  upon  the power of the parliament to  make  laws  under Entry 66 of List I of the Seventh Schedule to the  Constitu- tion.  It had been held that if the State  Legislature  pre- scribed  a higher percentage of marks  for  extra-curricular activities in the matter of admission to colleges, it  could not be held that such an order directly encroached upon the’ field  covered by Entry 66 of List I of Seventh Schedule  to the Constitution. The State Government was held to be within its  rights for prescribing qualifications for admission  to colleges so long as its action did not contravene any  other law.     Similar observation has been made also by this Court  in the  case of Minor P. Rajendran v. State of Madras  &  Ors., [1968] 2 SCR 786.     On  a  consideration of the aforesaid decisions  we  are unable to hold that the impugned order dated 15.12.1982  has in  any way contravened or encroached upon the power of  the Central  Legislature to make laws or the Central  Government to make orders in regard to matters provided in Entry 66  of List I of Seventh Schedule to the Constitution. There is  no conflict  between  the  Regulations and also  the  order  in question. The State Government by laying down the eligibili- ty  qualification  namely the obtaining of  certain  minimum marks  in the MBBS examination by the candidates has not  in any  way  encroached  upon the Regulations  made  under  the Indian Medical Council Act nor does it infringe the  central power  provided  in the Entry 66 of List I  of  the  Seventh Schedule  to the Constitution. The order merely provides  an additional eligibility, qualification. We are in full agree- ment with the reasoning and conclusion of the High Court  in this  respect. This contention therefore, in our  considered opinion, is without any merit. It is pertinent to mention in this connection that the number of seats allotted to each of the  prescribed  courses is on the basis of  two  seats  per professor  and there is a crying necessity in the State  for more experts in various disciplines in Medicine and  Surgery etc. It is incumbent on the State Government-to see that all these  seats  earmarked  for each of  these  disciplines  or courses  are  filled up. It appears from Annexure D  to  the petition in C.A. No. 6119 of 1983 that quite a  considerable number  of seats in various disciplines were kept vacant  as the applicants did not fulfil the eligibility  qualification framed by the State Government by its aforesaid order and as a result several professors and Assistant professors who are meant for imparting teaching in these disciplines were  kept

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idle  though  a  considerable fund had to  be  expended  for meeting their emoluments- It is for the 673 State to consider and to see that the seats are filled up in all the disciplines and they are not left vacant in spite of a  large number of applicants applying for admission in  the various  disciplines and the State Government has to  evolve such criteria of eligibility that all the seats in different M.D., M.S. degree and diploma courses are filled up.     For the reasons aforesaid, the judgments and orders made by the High Court of Allahabad on April 22, 1983 and May  3, 1983 are confirmed and both the Civil Appeals as well as all these  writ petitions are dismissed. There will however,  be no order as to costs. S.R.                                  Appeals  &   Petitions dismissed. 674