RAHUL KAPUR Vs. DEAN FACULTY

JUDGEMENT

(1.) The appellant (original petitioner no. 2) in this Letters Patent Appeal has challenged the order of the Learned Single Judge dated 29.3.2001 passed in Special Civil Application No. 12067 of 2000. The appellant as well as the present respondent no. 4 and 5 filed the said petition challenging the order dated 23.10. 2000 passed by the Registrar, M. S. University - second respondent herein, rejecting their applications for registration in Post Graduation Course in Radiology.

(2.) The original petitioners were appointed by the Government by order dated 5.4.2000 on the Post of Tutor in the Radiology Department of Baroda Medical College. Under the said order, they were to undertake Post Graduate Registration from the University in the concerned subject. The petitioners had applied to the Dean (Faculty) , Medical College, Vadodara - first respondent herein for registration in Post Graduate degree in Radiology within three months from the date of their appointment in the prescribed form. It appears that Dr. Chandwani of Vadodara University refused to forward the same to the University. The petitioner approached this Court by filing a petition being Special Civil Application No. 8172 of 2000. This Court by its order dated 21.3.2000 directed the respondents to consider the application of the petitioner and to take decision in accordance with the rules within a period of 3 weeks from the date of receipt of the order. In pursuance of the aforesaid direction, a meeting was held by the members of the Committee of the second respondent to consider admission of the petitioners in Post Graduate Course in Radiology, wherein a decision was taken not to admit the petitioners. The first respondent was accordingly informed by the second respondent about the order dated 23.10. 2000. The reasons to refuse admission are on the ground that the applications are not as per the existing rules and norms and are incomplete, improper and not submitted with proper documents to the proper authority. They are at liberty to apply again at the next Selection Meeting with proper documents to the Dean. Their selection will be made as per the rules only considering (1) availability of teacher, (2) merit, (3) M. C. I. recommendations and (4) category as classified. The petitioners challneged the said decision by filing petition being Special Civil Application No. 12067 of 2000 as stated above.

(3.) After hearing the parties, the Learned Single Judge was of the view that as the petitioners did not apply within the prescribed time and when they applied for the course, the admissions were closed long back, the University cannot be directed to consider the applications of the petitioners for admission in Post Graduate Course in Radiology for academic session 2000-2001. The Learned Single Judge was also of the view that the action of the respondents are not arbitrary or contrary to the rules of the University or in violation of the rules and regulations for admission of candidates in Post Graduate degree course and as there is no merit in the petition and therefore it was dismissed. Hence the present appeal.