Summarize the following court judgment. ivil Appeal Nos. 4339 4341 of 1990. From the Judgment and Order dated 30.5.90 of the Allaha bad High Court in W.P. No. 1841 of 1990. Kapil Sibbal	 Satish Chandra	 Ms. Shobha Dikshit	 R.K. Virmani and N.D. Garg for the appearing parties. The Judgment of the Court was delivered by RANGANATHAN	 J. These three petitions can be disposed of by a common order. Since we have heard counsel at some length we grant special leave in these petitions and proceed to dispose of the appeals. In the Moti Lal Nehru Medical College (M.L.N. College) at Allahabad there are 8 seats for a post graduate course in Obstetrics and Gynecology. Of these	 6 seats are reserved for institutional candidates and two are reserved for exter nal candidates. The principal of the college has filled up all the 8 seats by admitting institutional candidates and without considering the cases of any external candidate. Among the institutional candidates Dr. Juhi Jain and Dr. Padma Panjwani	 who had obtained the highest percentage of marks	 have been admitted and Dr. Vandana Singh	 who had applied for admission as an external candidate	 was not considered. Dr. Vandana Singh	 therefore	 approached the Allahabad High Court	 which upheld her contention and held that the two seats in question should have been filled up in accordance with a notification published by the State Gov ernment on 26th April	 1986 (amending a previous notifica tion dated 15.12. 1982) which provided as follows: "In every speciality	 seventy five percent seats in a par ticular medical college shall be reserved for the candidates who have passed the M.B.B.S examination from that college and against the remaining twenty five percent seats	 candi dates who have passed M.B.B.S. examination from other Medi cal Colleges and are bona .fide resident of Uttar Pradesh. shall be eligible for admission on the basis of merit along with the candidates who have passed the M.B.B .S. examina tion from that very college. The court	 therefore	 set aside the admission of Dr. Juhi Jain and 877 Dr. Padma Panjwani and directed the principal of the Medical College to consider the cases of Dr. Vandana Singh and other external candidates	 who were eligible for admission to the "open" twenty five per cent seats on merits and in accord ance with law. The Principal of the Medical College	 Dr. Juhi Jain and Dr. Padma Panjwani have preferred these appeals. It has been submitted that the High Court has overlooked that the admis sions in question were to the second year or the post gradu ate degree course and were being considered under the terms of a residency scheme dated 22.8.89. As per the terms of this scheme	 25% of the seats in the course (here	 two seats) were to be filled in by candidates on the basis of an examination conducted by the All India Institute of Medical Sciences. However	 no such examination had been conducted by All India Institute and the college instead of leaving the seats vacant	 decided to fill them up by internal candidates on the basis of merit. In doing this	 the principal of the college was only complying with the terms of a decision rendered by the Allahabad High Court in the case of Dr. R.P. Pandey	 (Writ Petition No. 8181 of 1989) and a precedent approved by the Directorate General of Health Services	 Medical Examination Cell	 Nirman Bhavan	 New Delhi	 which in a letter to the principal of an Agra College	 had	 when unable to recommend candidates on the basis of an All India examination for a particular course released these seats in favour of internal candidates. It has been submitted on behalf of Dr. Juhi Jain that	 even assuming that the appli cation of Dr. Vandana Singh had to be considered	 the High Court should have restricted itself to quashing the admis sion to one of the two seats and upheld the admission of Dr. Juhi Jain	 who had secured higher marks than Dr. Padma Panjwani. It is submitted on behalf of Dr. Padma Panjwani that even assuming that Dr. Vandana Singh 's application merited consideration	 the interests of all the three candi dates could have been safeguarded by directing the State Government to create one additional seat and accommodate all the three candidates. Reliance is placed in this respect on certain observations made by this Court in the case of one Mridula Avasthi; 	 Finally	 it has also been submitted	 on behalf of the appellants	 that Dr. Vanda na Singh was not eligible for admission even on the terms of the notification dated 26.4.86 since she was not a bona fide resident of Uttar Pradesh. It is stated that she had passed her M.B.B.S. examination from the State of Bihar and had also taken admission in a post Graduate Diploma Course in Gynecology and Obstetrics at Darbhanga Medical College	 Laneriasarai	 Bihar	 a fact which she had concealed from her writ petition. 878 We have today passed a detailed judgment in regard to certain admissions made pending implementation of the resi dency scheme introduced by the State of U.P. in our judgment in a batch of appeals preferred by Dr. Harihar Prasad Singh & Ors. as well as the State of Uttar Pradesh	 [1990] 3 SCR 895 (Civil Appeal	 Nos. and	 for reasons that will be appar ent later	 the judgment in the present appeals will have to be read along with the judgment in the said appeals for a full and proper understanding of the issues involved. That other decision 'turned on the interpretation of paragraph 5 of the residency scheme and also pertained to admissions to the second year of the post graduate degree course. The scheme contained a transitory provision in para 5 in respect of certain persons who were house officers between 1987 and 1989. the related batch of appeals raised a controversy pertaining to 75% of the seats in the second year of the post graduate courses which were reserved for institutional candidates. Here the question arises in respect of the remaining 25% of the seats reserved for "external" candi dates. To understand the point at issue	 we shall briefly touch upon those aspects of the residency scheme which we had no occasion to consider in the batches of appeals above referred to but which are material for the purposes of these appeals. By the notification dated 22.8.89 a scheme called the residency scheme was introduced	 which dealt	 inter alia	 with the question of admission to post graduate specialities in medicinal courses. These cases	 like the other batches	 have proceeded on the assumption that	 so far as institu tional candidates are concerned	 admissions to the second year of a degree course could be granted to persons like Dr. Juhi Jain and Dr. Padma Panjwani who had completed the M.B.B.S. degree examination	 done one year of internship and had been working as house officers in the State of U.P. on 22.8.89. There was a further controversy in those cases as to whether even persons who had been working as house offi cers since 1.8.1987 would be eligible for admission to this course and we have	 by our judgment in the connected ap peals	 answered this question in the affirmative. That question would become relevant here only if we do not agree with the view taken by the High Court here. We shall	 there fore	 keep that issue aside for the time being and shall deal with it later. To continue the narration regarding the scheme	 it provided for admission	 to the three year post graduate course	 of candidates who had passed the M.B.B.S. examina tion and completed one year 's internship. Seventy five per cent of the admission to these courses was 879 to be available to institutional candidates on the basis of an entrance examination; the balance of twenty five per cent of the seats was to be filled up on the basis of an all India entrance examination. This provision was in tune with certain directions given by this Court from time to time for regulating admission to medical colleges in various parts of the country. This Court had in particular directed that while 75% seats in each medical college all over the country could be filled in by local or institutional candidates	 the balance of 25% should be filled up on an all India basis. Elaborate directions were also given by this Court to enable the All India Medical Institute (A.I.I.M.S.) to conduct a competitive test for selecting the candidates for these seats reserved on an all India basis. The scheme obviously referred to the all India competitive entrance examination to be conducted by the A.I.I.M.S. every year. Indeed such an examination had been held by he A.I.I.M.S. in January Febru ary 1989 and the candidates recommended had been taken into the medical colleges in U.P. as per the regulations then existing. However	 since the new scheme came into being in the middle of the year	 there was no possibility of either a local entrance examination nor an all India examination being held to regulate the admissions to the new course. C1.3(f) however provided that	 for the 75 % institutional seats	 competitive entrance examination shall be enforced from the fresh batch and that before its enforcement the admission to institutional seats in residency shall be done on the basis of the merit of the M.B.B.S. examination. It was	 however	 silent in regard to the balance 25% seats. The question arose	 therefore	 as to what was to be done in respect of the remaining 25% seats. To meet the situation	 the Direction of Medical Education issued directions	 on 3.10.89	 to the following effect: "Since there will be no admission of external students this year against 25 % open seats	 therefore	 after merging these open seats with 75% additional seats	 the admission of students of 1982 supplementary batch and 1983 regular batch should be done against the entire 100% seats by making their combined merit. " Accordingly	 it seems admissions to 100% seats in the first year of the three year post graduate scheme was thrown open fully to internal candidates	 the admissions being decided on the basis of their merit in the M.B.B.S. examination. We are	 however	 not concerned with that issue here. We are here concerned with admissions to the second year of the 880 residency scheme. The scheme made a provision in the second sub para of para 5 for the adjustment of 'persons serving in U.P. as house officers by absorbing them into the second year of the residency scheme. The provision has been set out and its implications discussed elaborately in our judgment in the allied batches of appeals and need not be repeated here. It is not quite clear whether the second sub para of para 5 of the scheme covers all the seats in the second year of the course or only 75% thereof. However	 it is apparently understood only as pertaining to the 75% seats reserved for institutional candidates and	 as there was no other provi sion in regard to the balance of 25% of the seats	 it was decided that those seats should also be filled in only by institutional candidates. However	 in the meanwhile	 an advertisement had been issued by the Principal of M.L.N. Medical College	 Allahabad on 21.9.89. This advertisement pertained only to the filling up of the seats comprising the 75% reserved for institutional candidates. There was no advertisement regarding the rest Dr. Vandana Singh applied for admission to the second year of the degree course. In this state of affairs it is perhaps possible to dispose of the matter before us by holding that the application of Dr. Vandana Singh can only be treated as one in response to the advertisement of 21st September	 1989 and so could not have been entertained as she was not an institutional candidate and that she has no locus standi	 on the basis of that application	 to challenge the admission of other institu tional candidates. It is also possible to interpret the second sub para of para 5 of the scheme as covering the entirety of the seats for the second year of the course and not merely 75% of them. In this view also	 the application of Dr. Vandana Singh would have to be rejected. It could	 however	 be argued that as the High Court has proceeded on the footing that para 5 pertains only to 75% of the seats	 quite irrespective of the basis of her applica tion	 Dr. Vandana Singh has a right to insist that under the scheme 25% of the seats should be thrown open for all India competition and that the admissions based on a different basis were rightly quashed. If we assume this postulate to be correct and go strictly by the terms of the notification	 admissions should be on the basis of an all India examina tion. There was	 however	 no immediate possibility of any such examination being held for admission to the course for 1989 90. In this state of affairs	 one possible view which the High Court has taken is that these seats must be kept reserved for external candidates and the college must now take steps to invite external candidates in accordance with the terms contained in the notification dated 26.4.86 if that notification were applicable and select them in the order of merit. The college	 however	 881 took the view that since no all India candidates were avail able on the basis postulated in the scheme	 it would be appropriate to throw open the entire 100% to institutional candidates. It is not suggested that this proposal was actuated by any mala fides. In fact the State claims that this course of action has been approved by the decision of the High Court in the case of Dr. R.P. Pandey. It may be that this is not the only view possible and that it is also possible to take the view that the college should have advertised these posts and filled them up by external candi dates on the basis of merit. If this be so	 such advertise ment cannot be continued to persons who are residents of U.P. as was envisaged by the notification dated 26th April	 1986. That notification had been issued at a time when the concept of all India reservation for 25% Of the seats had not been adumbrated by this Court. Even if we assume that the High Court was right in saying that external candidates were eligible for admission	 that eligibility cannot be restricted only to those who had already applied indeed	 Dr. Vandana Singh appears to have been the only one who had applied to the course in the M.L.N. College but should be thrown open to all external candidates fulfilling the quali fications. This process cannot be completed within two weeks	 as directed by the High Court. To call for applica tion from all external candidates and select them	 either on the basis of an examination or otherwise	 will be a very lengthy and time consuming process. In our opinion	 the State Government and the college cannot be faulted for having decided to fill up the vacancies by offering these seats also to institutional candidates. This is a decision taken only for a transitional period	 because	 from 1990 onwards	 admissions will be regulated on the basis of an all India examination	 and such an examination is conducted by All India Institute of Medical Sciences every year for all medical colleges in India. In our opinion	 the decision taken by the State Government and the college was a practi cal one to tide over a transitional difficulty and there is no justification to upset the same on the basis of a soli tary application from an external candidate. For the reasons stated above	 we are of the opinion that the High Court erred in quashing the admissions made on the grounds given by it	 We uphold the rejection of Dr. Vandana Singh 's application. In the view we have taken it is not necessary to express any opinion as to whether	 even on the basis of the notification dated 26.4.86	 Dr. Vandana Singh is eligible for consideration for admission to the course or she disqualified from such consideration for the reasons urged on behalf of the State	 Dr. Juhi Jain and Dr. Padma Panjwani. 882 For the reasons mentioned above	 we set aside the order of the High Court and hold that the application of Dr. Vandana Singh was rightly rejected by the college. We should	 however	 like to point out that	 in the connected batch of appeals	 we have upheld that interpretation by the High Court of Para 5 of the scheme and held that the eligi bility for admission of institutional candidates is not confined to those who were on house jobs as on 22.8.89 but would also extend to those institutional candidates who have been in house jobs since 1.8.87. The result of these two judgments read together will be that the entire 100% of the institutional seats should be filled up from out of all such applicants	 subject to their fulfilling any other qualifica tions and requirements that may be in force. Earlier	 the admission of the six candidates to 75% of the seats as well as of Dr. Juhi Jain and Dr. Padma Panjwani to 25% of the seats had been made by excluding institutional candidates who had completed their house jobs between 1.8.87 and 22.8.89. This will need to be reviewed now. The entire process of admission will now have to be redone in the light of these decisions. The selections of Dr. Juhi Jain and Dr. Padma Panjwani will be valid only if they come through successfully on merits on such reconsideration. We have	 therefore	 to agree with the High Court that the admissions of Dr. Juhi Jain and Dr. Padma Panjwani should also be set aside but direct that the admissions be redone in the light of our observations in these two judgments. These appeals are disposed of accordingly. We	 however	 make no order as to costs.

For the academic year 1989 90	 the appellant College had 8 seats in the post graduate course in Obsterics and Gyne cology. Of these	 six were reserved for institutional candi dates	 and two for external candidates. The Principal filled up all the eight seats by admitting institutional candidates without considering the case of any external candidate. One of the external candidates approached the High Court by way of a Writ Petition. The High Court set aside the admission of two .institutional candidates who were admitted against the quota for external candidates	 and directed the Princi pal to consider the case of the petitioner and other exter nal candidates who were eligible for admission to the 'open ' 25% seats on merits	 in accordance with law. Aggrieved	 the Principal and the two institutional candidates whose admis sion was set aside by the High Court	 have preferred these appeals	 by special leave. Disposing of the appeals	 HELD 1. The appellant College	 took the view that since no All India candidates were available on the basis postu lated in the Residency Scheme it would be appropriate to throw open the entire 100% to institutional candidates. It is not suggested that this proposal was actuated by any mala fides. In that the State claims that this course of action has been approved by the decision of the High Court in a case before it. It may be that this is not the only view possible and that it is also possible to take the view that the college should have advertised these posts and filled them up by external candidates on the basis of merit. If this be so	 such advertisement cannot be confined to persons who are residents of U.P. as was envisaged by the notifica tion dated 26th April	 1986. That notification been issued at a time when the 875 concept of All India reservation for 25% of the seats had not been adumbrated by this Court. Even if it is assumed that the High Court was right in saying that external candi dates were eligible for admission	 that eligibility cannot be restricted only to those who had already applied but should be thrown open to all external candidates fulfilling the qualifications. This process cannot be completed within two weeks	 as directed by the High Court. To call for appli cations from all external candidates and select them	 either on the basis of an examination or otherwise	 will be a very lengthy and time consuming process. The State Government and the college cannot be faulted for having decided to fill up the vacancies by offering these seats also to institutional candidates. This is a decision taken only for a transitional period	 because	 from 1990 onwards	 admissions will be regulated on the basis of an All India examination	 and such an examination is conducted by the All India Institute of Medical Sciences every year for all medical colleges in India. The decision taken by the State Government and the college was a practical one to tide over a transitional difficulty and there is no justification to upset the same on the basis of a solitary application from an external candidate. [881A F] 2. On a proper interpretation of Para 5 of the Residency Scheme the eligibility for admission of institutional candi dates is not confirmed to those who were on house jobs as on 22.8.89 but would also extend to these institutional candi dates who have been in house jobs since 1.8.87. The result of these two judgments read together will be that the entire 100% of the institutional seats should be filled up from out of all such applicants	 subject to their fulfilling any other qualifications and requirements that may be in force. Earlier	 the admission of the six candidates to 75% of the seats as well as the admission of the two candidates to 25% of the seats had been made by excluding institutional candi dates who had completed their house jobs between 1.8.87 and 22.8.89. This will need to be reviewed now. The entire process of admission will now have to be redone in the light of these decisions. The selection of the two institutional candidates in question will be valid only if they come through successfully on merits on such reconsideration. The High Court was right in holding that their admissions should be set aside. The admission be redone in the light of the observations in these two judgments. [882B E] Dr. Harihar Prasad Singh & Ors. vs Principal	 Moti Lal Nehru Medical College & Ors. 	 [1990] 3 SCR 895 referred to.