H S APPAJI Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) These three writ petitions' are disposed of by a common order since the subject matter of dispute between' the parties is common in all the writ petitions and a common point arises for consideration in these petitions.

(2.) The facts in these writ petitions unfold a sequence of extraordinary events which resulted in cancellation of the examinations held and proposed to be held in the practi- cals and orals of the M.D. and D.C.P. examinations of February/March, 1988 in Bangalore Medical College. The facts are not in very serious controversy. But the controversy which was highlighted in the course of the arguments appears to revolve round the power of the Registrar (Evaluation) who is also the Controller of Examinations to cancel the examinations in question and the power of the Chairman of the Board of Examiners to conduct the afore-said oral and practical examinations notwithstanding the order of cancellation served on him by the Registrar. But the more important question in these petitions is whether on the facts placed before this Court these are fit cases for the petitioners to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution.

(3.) W.P. 5211/88 is filed on 26-3-1988 by the petitioners who are the students of the diploma course in Clinical Pathology. The second writ petition i.e., W.P. 5622/88 is filed by the Chairman of Board of Examinations one Dr. K.H. Srinivasa Murthy, on 3.4.1988 and the third writ petition No. 5810/88 is filed by the students of M.D. degree course in pathology on 5-4-1988. In all these petitions this Court having declined to make an interim order as prayed for and in view of the urgency of the matter these petitions are treated as having been posted for hearing and I have heard the learned Counsel for the parties.