ASHISH G JOSHI Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) Heard the learned advocates.

(2.) This petition challenges the order of the Post Graduate Admission Committee of the respondent-University on the representation made by the petitioner seeking admission to the Post Graduate Medical Course. It appears that the petitioner has passed his Third Year MBBS Examination at fourth trial (according to the Admission Committee). He having passed the Third Year MBBS Examination at the fourth trial, he was denied admission to Post Graduate Medical course. Feeling aggrieved, the petitioner had preferred Special Civil Application No. 6384/92. By an order dated 29th September, 1992, made by the Division Bench of this court (Coram : A.P.Ravani (as he then was) and Y.B.Bhatt JJ), the impugned decision of the Admission Committee was quashed and set aside and the petitioner was directed to appear before the Admission Committee of the University and the Admission Committee of the University was directed to take decision in accordance with law. It was the case of the petitioner that he could not take the Third Year MBBS Examination on account of the reasons beyond his control, i.e. he was sick, and such failure can not be treated as a 'trial'. In support of his contention, he appears to have produced certain medical certificates. The Admission Committee, after hearing the petitioner and considering the medical certificates, was of the view that the ailment suffered by the petitioner i.e. chronic malaria, was not a serious ailment on account of which the petitioner could not have taken the examination when he was due to take the same. Besides, the medical certificate issued on 1st August, 1992, in respect of the recurrent malaria for the period from September 1989 to November, 1989, was not acceptable to the Committee. The Committee, therefore, held that the petitioner had passed Third Year MBBS Examination at the fourth trial. The relevant rules which have become effective from 1st July, 1992, provides, interalia, for eligibility for admission to Post Graduate Medical courses. The relevant Rule 1.1 (b) and the Note thereunder read as under :

(3.) Mr. Mehta has submitted that there was no reason why the medical certificates produced by the petitioner ought not to have been accepted by the Admission Committee and the Admission Committee ought to have taken a sympathetic view of the matter. He has further submitted that the appeal preferred against the impugned decision before the Vice Chancellor has been dismissed without giving any reason for the same. He places on record a copy of the communication dated 9th February, 1993, informing him about the decision of the Vice Chancellor. He has also submitted that the Rules in question have become effective from 1st July, 1992. The petitioner was supposed to take Third year MBBS Examination in the month of May, 1989, and had passed the Third Year MBBS Examination in 1991. The said Rules, therefore, shall not apply to the case of the petitioner.