Deepak Gupta JUDGMENT
Deepak Gupta, J.
1. Applications for permission to file special leave petitions are allowed. Applications for impleadment/intervention are also allowed.
2. Leave granted in all the special leave petitions.
3. By this order we are disposing of all the aforesaid civil appeals as well as interlocutory application(s) relating to the State of Uttar Pradesh in Writ Petition (C) No. 76 of 2015. Keeping in view the urgent nature of the dispute, the appeals and the interlocutory application (s) relating to the State of Uttar Pradesh in the Writ Petition (C) No. 76 of 2015 are taken up for final hearing with the consent of the parties.
4. Two questions arise for decision in these cases:
(i) Whether the High Court was justified in setting aside the institutional preference in the Aligarh Muslim University (for short "AMU") and Banaras Hindu University (for short "BHU") and further directing that the post-graduate seats in these institutions shall be filled up only from those students who have passed MBBS from Institutions, Universities and Colleges in the State of Uttar Pradesh;
(ii) Whether the High Court was justified in issuing a direction that the benefit of service rendered in remote/difficult areas should be given only to those doctors of the Provincial Medical Health Services (for short "the PMHS"), who have cleared MBBS examination from a college within the State of U.P.
5. The impugned order has been challenged by the Appellants, some of whom are persons who have been admitted in AMU and BHU and whose admissions are now sought to be cancelled on the basis of the impugned order. Some of the appeals have been filed by in service doctors who have graduated from outside the State of U.P. Appeals have also been filed by the AMU and the BHU.
6. Briefly stated the facts of the case are that a writ petition being Writ Petition (C) No. 17183 of 2017 was filed by certain doctors in which their only claim was that the benefit of Regulation 9(iv) of the Medical Council of India Post Graduate Medical Education Regulations, 2000 (hereinafter referred to as "the 2000 Regulations") was only available to those doctors serving in the Uttar Pradesh PMHS (hereinafter referred to as "in service doctors"), who had passed their MBBS examination from a university/institution situate within the State of Uttar Pradesh. No other issue was raised in this writ petition.
7. This matter was taken up by the High Court on 15.05.2017 and in its order dated 15.05.2017, the High Court made reference to various circulars issued by the State of Uttar Pradesh from time to time and the Court raised certain queries in this order. Though the High Court in the writ petition was only concerned with one issue i.e. whethe........