RAMANNA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) In this writ petition the petitioner has sought for a writ of mandamus or order or direction to the respondents to enable the petitioner to join the 1st MBBS Course at Bangalore Medical College and also has sought for a mandamus to announce his results in the Pre-Professional Course Examination held in 1973 and if need be to hold an examination to Pre-Profesional Course, subjects.

(2.) The petitioner's case is that he passed the PUC Examination in March, 1972. He received the marks card from the University. He applied for admission to the Medical Course to the Selection Committee constituted by the State Go'Vt. He was selected for admission to Pre-Professional Course. He joined the College on 15-9-1972 and completed the Pre-Professional Course. In the meanwhile after he joined the Medical College, he received a notice on 19-10-1972 from the Administrative Officer of the Directoraie of Health and Family Planning, wherein it was alleged furnished a false marks card, the marks of which did not tally with the marks register maintained by the University. He replied that notice denying the allegations. Sometime later, by a Memo dt. 16-3-1973 the Dean of the Medical College, informed him that his name was struck-off from the Rolls with immediate effect on the ground that he had produced tampered marks card at the time of admission. He challenged the notice issued by the Dean of the Medical College in WP.885 of 1973 seeking for the quashing of the memo by issue of an appropriate writ. Subsequently on 6-4-1973, the Controller of Examinations issued notice to the petitioner to appear before the Mai Practices Enquiry Committee (to be hereinafter called the 'Enquiry Committee') for enquiry and accordingly the petitioner appeared before the Committee and defended his case. In the meanwhile the WP.885 of 1973 came up for hearing and the same was not pressed in view of the fact that enquiry proceeding was not yet completed. Since no final decision was taken by the Enquiry Committee, the petitioner again approached this Court in WP.3143 74 to direct the authorities to permit the petitioner to attend the 1st year MBBS. During the pendency of that writ petition, the Syndicate passed a resolution dt.23-12-1974 to the effect that the petitioner might be permitted to join a College in 1975-76 if eligible. On 10-11-1975 the WP.3143 of 1974 came up for hearing and the same was disposed of with an observation that as per the resolution of the Syndicate dt.23-12-1974 the petitioner was permitted to attend the College in 1975-76 if he was eligible and that the petitioner could take his chance before the appropriate authority. The petitioner approached the concerned authorities, but in vain. Then he filed the present writ petition on 30-12-1975 seeking the remedies as stated above.

(3.) The 1st respondent has filed its statement of objections. The 2nd and 3rd respondents have not filed any objections. In the statement of objections by the 1st respondent, the stand taken is that the petitioner secured admission to the Medical College by producing a tampered and inflated marks card. This was detected and his admission to the College was cancelled and that the petitioner ceased to be a student of the Medical College. Further, the 1st respondent has taken, the stand that if the petitioner is eligible he should seek admission in accordance with the Rules for selection of students to Medical College. It is further stated that the petitioner instead of seeking admission to the College in the academic year has based his case on the admission obtained by fraud. Mr. B.G.Sridharan, learned Advocate for the petitioner, firstly, contended that in view of the resolution dt.23-12-1974 passed by the Syndicate, the petitioner is eligible to rejoin the 1st year, MBBS Course at Bangalore Medical College, since the Mai Practices Enquiry Committee has impliedly taken a decision to exonerate the petitioner on all the, allegations and which has impliedly set aside the Memo. dt. 16-3-73 issued by the Dean to strike off the name of the petitioner from the Rolls. Secondly, he contended that, in case the petitioner has not acquired the minimum eligibility by passing the Pre-Professional Course Examination held in March, 1973 to join the 1st year MBBS Course, the petitioner is entitled to a further chance to acquire qualification by issuing direction to. the respondents to conduct the Pre-Professional Course Examination under the old Rules. He urged that the Syndicate resolution dt. 16-3-1973 was not implemented by the respondents. In order to, prevent substantial failure o.f justice conduct of such an examination for the petitioner is necessary. On the other hand, the learned Counsel for the 1st respondent, contended that the admission of the petitioner to the Medical College was cancelled by the Memo dt.16-3-1973 by the Dean of the Medical College and that his name had been struck off from the Rolls and, therefore, he is not entitled to continue in the Medical College at Bangalore. Secondly, he contended that, the petitioner was found guilty of fraud in tampering with the marks card and, therefore, he was not eligible to join the Pre- Professional Course, or, any other course in the Medical College and the petitioner should seek fresh admission in any College other than the Medical Colleges, if he is otherwise eligible.