S DHIVAGAR AND ANR Vs. DIRECTOR, JAWAHARLAL INSTITUTE OF POSTGRADUATE MEDICAL EDUCATION AND RESEARCH (JBPMER) AND ANR

JUDGEMENT

(1.) In both the writ petitions, the Petitioners have sought for a writ of certiorarified mandamus, to quash the proceedings of the Dean, Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Puducherry, the 2nd Respondent herein, dated 1.4.2010, by which, the Petitioners have been suspended from MBBS course with immediate effect and not permitted to attend the classes on the ground that they were alleged to have involved in impersonation in JIPMER MBBS Entrance Examination conducted on 7.6.2009. As pleadings and submissions are common, both the writ petitions are taken up together and disposed of by a common order.

(2.) According to the Petitioners, they have secured good marks in the qualifying examination. They applied for admission to the 2nd Respondent institution. They wrote the entrance examination conducted by the second Respondent-Institution. In W.P. No. 8063 of 2010, the Petitioner has submitted that he has scored 132 marks in the entrance examination 3 and secured 26th position in the ranking. After counselling, both the Petitioners were admitted to 1st year MBBS course in the 2nd Respondent institution in July 2009. While the Petitioners were pursuing their studies, to their shock and surprise, they were informed that after verifying the signatures and finger prints of 11 candidates, contradictions were found in the signatures and thumb impressions of four students and therefore, the 2nd Respondent has given a complaint to D'Nagar Police station, Puducherry, on 29.8.2009. Though the Petitioners have not committed any offence, apprehending arrest, they obtained anticipatory bail. Thereafter, they continued their education. Suddenly, by impugned order dated 1.4.2010, the Petitioners were suspended from MBBS course, with immediate effect and that they were not permitted to attend the classes. It is their contention that though they approached the Dean, JIPMER, the 2nd Respondent herein, he refused to give any suitable answer. As the examinations for the MBBS course were scheduled on 26.4.2010 and having regard to the fact that they had continued their education without any adverse remarks from July 2009, they were constrained to prefer the present writ petitions for the relief stated supra. According to the Petitioners, they have not committed any misconduct, cheating/impersonation, as alleged in the impugned memo dated 1.4.2010, by which they were suspended.

(3.) Taking this Court, through the admission procedure set out in the prospectus for admission to the 1st year MBBS course in the 2nd Respondent institution, Mr. V. Ayyadurai, learned Counsel for the Petitioners, submitted that before granting admission to the second Respondent-Institution, at each and every stage of the process, the identity of a persons, who applied for admission to the course has been verified and therefore there is no chance for any student for committing any irregularity, muchless cheating or impersonation. According to him, as per the prospectus, applications for the entrance examination to the MBBS course 2009 can be sent through online and that the candidate has to send the application with requisite signatures, photograph, attestation, left thumb print along with Demand Draft. He also submitted that after scrutiny of the applications, they are scanned and only thereafter, hall tickets were issued to the students.