SANDEEP B E Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these cases, petitioners herein, questioning the correctness of the impugned show cause notices all dated 6th April 2006 and some petitioners also assailing the correctness of the Government Order dated 13th March 2006 bearing No.HFW.60 MPS 2006 issued by the State Government and the enquiry report submitted by the Three-man Committee, have presented the instant writ petitions. Further, some of the petitioners have also sought for a writ of prohibition restraining the State Government from taking any further action pursuant to the show cause notice dated 6th April 2006. The interim order prayed for by petitioners herein is to stay the operation of the impugned show cause notice all dated 6th April 2006 and the Government Order dated 13th March 2006 issued by the State Government and to permit the petitioners to participate in the counselling for selection and admission to PG courses scheduled to commence shortly.

(2.) Petitioners herein claim to be the MBBS graduates. In pursuance of the notification issued by the Rajiv Gandhi University of Health Sciences (herein after referred as "RGUHS") for the Post Graduate Entrance Test ('PGET-2006' for short) for the academic year 2006-07, petitioners herein have appeared for the said Entrance Examination and the result has been announced on 28th February 2006, declaring their rank and the marks secured by them in the PGET-2006. After announcement of the result of PGET-2006, at the time of convocation held on 3rd March 2006, several PG students, public and members of some organisations, have given a complaint to his excellency, the Governor of Karnataka and the Chancellor of the RGUHS and the Hon'ble Minister for Medical Education, Government of Karnataka, stating that, some students who have secured very low marks in the qualifying examination of MBBS course, have secured very high marks/ranking in the PGET-2006. The said complaints were forwarded to the RGUHS for taking appropriate action. The same has been highlighted in all the reputed national daily newspapers on 12th February 2006 and 4th March 2006 which drew every one's attention.

(3.) It is the case of petitioners that, the complaints are given by those students who could not secure high marks/ranking in the PGET 2006. However, on the said complaint given at the time of convocation to the Governor of Karnataka, the Vice Chancellor and the Minister for Education, the Government has constituted a three-member Committee. The said Committee in turn, has issued the notice to petitioners herein and recorded the statements of petitioners without affording sufficient opportunity to cross examine the witnesses examined by the said Committee. Thereafter, the Committee has submitted its report. On the basis of the alleged report submitted by the Committee, the impugned show cause notices as referred above, are issued stating that these petitioners who have secured very low marks in the qualifying examination of MBBS course have secured very high marks and ranks in the PGET-2006 for Post Graduate seat in Medical Colleges and hence, to show cause as to why action should not be taken against them to debar them from one academic year from appearing for PG Entrance Examination conducted by the RGUHS. It is the case of petitioners that, the Government order dated 13th March 2006 issued by State Government constituting three member Committee is one without jurisdiction on the ground that, Government has no power under the Karnataka Conduct of Entrance Test for Admission to Post Graduate Medical and Dental Seats in Government Medical Colleges, Rules, 2003 ('2003 Rules' for brevity). It is their further case that, the issuance of impugned show cause notices on the basis of the alleged report submitted by the three member Committee is also one without jurisdiction and contrary to Section 8 of the Rajiv Gandhi University of Health Sciences Act 1994 (herein after called RGUHS Act, 1994). Therefore, being aggrieved by the same, petitioners have sought for stay of the operation of the impugned show cause notices and the Government Order and to permit them to appear for the ensuing counselling of Post Graduate seat in Medical Colleges, scheduled to commence some where during this week. Having regard to this back ground, petitioners herein felt necessitated to present the instant writ petitions.