SWATI OMPRAKASH ARYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.D.A.Desai, learned AGP, and Mr.Dhaval Dave, learned Counsel, appear and waive service of Notice of Rule on behalf of respondent nos.1 and 2 and respondent no.3 respectively. With the consent of the parties, the matter is taken up for final hearing today.

(2.) The main question, which arises for consideration of this Court, is whether the respondent no.2-authority, while taking decision for terminating the Residency of the petitioner, has to consider the aspect of quantum of penalty or not.

(3.) The short facts of the case are that the petitioner was granted admission in Post Graduate Course i.e. M.D. (Paediatricts) and was also given First Year Residency for such course. It is the case of the petitioner that because of her ill health and as she had met with an accident, she could not attend the course and also the Residency for a period of about five months. On the other hand, it is the case of the respondent-authority that the petitioner intentionally did not remain present and she had appeared in other examinations with a view to get visa for U.S.A. and since she did not succeed, false and bogus ground of physical illness and accident is being canvassed before the Court. It has been submitted on behalf of the authority that papers were placed before the Committee and the Committee has found it proper to terminate the Residency of the petitioner on the ground of remaining absent for a long time i.e. from 5th January, 2003 till the notice was given. As per the petitioner, after the notice, she was willing to resume the duty, but, she was not permitted by the respondent-authority. It is, therefore, submitted on behalf of the petitioner that the absence for not joining the duty after the date of the notice, in any event, cannot be faulted with so far as the petitioner is concerned.