ARCHANA Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) On the previous date of hearing this Writ Petition was heard. However it came to be adjourned on the request of the learned Counsel for the petitioner to enable the petitioner to place on record the developments that have taken place subsequent to filing of the petition. Accordingly, further hearing of the petition was adjourned by the order dated 8-9-1989. Consequently, the petitioner has filed the additional statement bringing to the notice of the Court the hardship that would be caused to her in case her admission to the Government Medical College, Mysore is cancelled and she is transferred to other University. On the additional statement of facts filed by the petitioner the respondents are also heard.

(2.) The petitioner secured less than 50% marks in PUC in Physics subject. Therefore she continued her studies for B.Sc., she passed B.Sc., with C.B.Z. subjects securing 74.1% marks and scoring 50% in each of the subjects i.e., C.B.Z. Thereafter, she sought for admission to first M.B.B.S. course under the Karnataka Medical Colleges (Selection of Candidates for Admission to I M.B.B.S.) Rules, 1985 hereinafter referred to as the Rules. The Selection Committee selected her under the quota reserved for B.Sc., candidates and allotted her a seat in Government Medical College, Mysore. The selection was made in August, 1986. Pursuant to that she joined the Government Medical College, Mysore in the month of September, 1986. Immediately nothing was told about her ineligiblity for being admitted to one of the Medical Colleges under the University of Mysore. However, subsequently it was pointed out by the Registrar of the University that though the petitioner had secured 74.1% in B.Sc., but she had secured 37% of marks in Physics at P.U.C., hence she is not eligible for admission to I M.B.B.S. Course. This was communicated to the Principal of the College by the communication dated 2nd January 1987 (Annexure-D) by the Registrar of University of Mysore. Thereafter the Principal of the College by his communication dated 16th January 1987 intimated the Member Secretary, Selection Committee for Admission to I M.B.B.S. course that the Registrar of the University of Mysore in his letter (Annexure-D) has stated that the petitioner has secured 74.1% in B.Sc., but secured 37% of marks in Physics at PUC., therefore, she is not eligible for admission to I M.B.B.S. Course. Hence she requested the Member-Secretary to intimate him the action taken in this regard. A copy of the said letter was also sent to the petitioner. Therefore the petitioner addressed a letter to the Director, Selection Committee for admission to I M.B.B.S. course as per Annexure-F stating that her selection for admission was made only on the degree marks and still the University of Mysore is reluctant to issue eligibility certificate. This has caused great anxiety. The Member-Secretary, Selection Committee pursuant to the communication addressed by the Principal as per Annexure-E Intimated the petitioner and the Principal by the endorsement dated 3-4-1987, as per Annexure-G. The said communication reads thus: ENDORSEMENT Sub: Admission of Kum. M.C. Archana to I MBBS Course at Government Medical College, Mysore during 1986-87, Ref: (1) Her representation dated 18-3-1987 to the Director of Medical Education, Bangalore.

(3.) But the next question for consideration is whether after a lapse of 3 years, is it just and appropriate to cancel the admission of the petitioner. The learned Counsel for the petitioner placed reliance on the very decision of the Supreme Court in A. Sudha's case and submitted that the Supreme Court even after holding that the admission was wrongly made never the less directed the University to continue the admission of the petitioner therein, having regard to the facts and circumstances of that case. Therefore in the instant case it is submitted that the petitioner having lost 3 years in the I year MBBS course and she having been permitted to appear for the Examination and she has already appeared for the 1 year MBBS and the results of the same are not, yet published and further she cannot also be transferred to Bangalore University and in that event, she will lose all the three years. Hence it is submitted that in the interest of justice and on taking into consideration the facts and circumstances of the case and number of years lost the petitioner may be permitted to continue in the Mysore University as has been done In the case of A. Sudha by the Supreme Court.