HASSAN BARATI Vs. DEAN

JUDGEMENT

(1.) The petitioner is an Iranian National who having qualified himself for admission into M.B.B.S. Course in India, sought for admission in the first respondent College. He was admitted for the academic year 1995-96. He had paid Rs.3,00,000/- and as on date he had paid a total sum of Rs.6,00,000/- towards the entire course fees. When he undertook the I year examinations in April, 1997, he was given to understand that the College was not recognised by the Medical Council of India (M.C.I.) and hence he had written a letter to the M.C.I. for clarification. It is alleged by the petitioner that on the College coming to know of the said letter, started to create problems to him which continue till now. He was permitted to enter the College on the examination day only 1-1/2 hours after the examination had commenced and he was unable to pass the examination. It is further stated that the M.C.I. by their letter dated 25.11.1997, had informed him that the College was not recognised. Hence, he had filed Writ Petition No.1671 of 1998 seeking for a transfer to a recognised College. However, the said writ petition was dismissed holding that the College was a recognised institution. The petitioner sought for permission from the Chairman of the first respondent College to attend the classes. But the same was rejected by order dated 17.9.1998. From January, 1998 onwards namely, from the date of filing of the writ petition, he was not permitted to attend classes. He also met with an accident during June, 1998 and was hospitalised and discharged only in December, 1998. When he went back to the College after discharge he was informed that unless he paid the remaining fees for the entire course, he will not be permitted to attend the class and write the examination. With great difficulty, he arranged for the money and paid Rs.3,00,000/-. However, he was not permitted to write the arrears of the I year and second Semester examinations which were conducted in April, 1999 on the ground that he did not have sufficient attendance. He was also not permitted to sit for the examination held in November, 1999 and on enquiry he was informed that attendance was not given to him though he was attending classes from February, 1999. He was again asked to pay a further sum of Rs.3,00,000/-. Though the total fee for non-resident Indian and foreign student, the fee was Rs.5,40,000/- for the entire course and for academic year the fee is Rs.1,20,000/-, he had already paid Rs.6,00,000/-. Therefore, he was constrained to file W.P.No.1421 of 2000 to direct the respondent to admit the petitioner in the College. On 31.3.2000, an interim direction was issued permitting the petitioner to appear for the examination commencing on 3.4.2000, but keeping the result in abeyance until further orders. The petitioner undertook the first year examination as well as the second semester examination in April, 2000.

(2.) The petitioner further states that when the writ petition came up for final disposal on 13.10.2000, the College had taken the stand that the balance of Rs.3,00,000/- had not been paid by the petitioner. But this Court found that the said contention was a false plea. The College was directed to send the proposals within two weeks. Thereafter, the petitioner was admitted to the College and the results were published declaring the petitioner as having passed all the papers.

(3.) It is further stated that on 5.7.2001, the College issued a letter to the Heads of Department not to allow the petitioner to attend the classes and he was also informed that he will not be permitted to write the 3rd and 4th Semester Examinations in December, 2001. Therefore, he was again constrained to file Writ Petitions for the issue of a writ of mandamus in W.P.Nos.15815 to 15818 of 2001 viz., (i) directing the respondents to permit the petitioner to write 3rd and 4th Semester examinations; (ii) directing the College to forthwith permit the petitioner to rejoin the fourth semester course; (iii) directing the college to furnish to the petitioner the original mark sheets for Parts I and II; and (iv) directing the College to forward the application of the petitioner for "No Objection Certificate" to the Government of India, for the purpose of obtaining extension of visa.