DIRECTOR GENERAL ARMED FORCES Vs. RAVI BHATT

JUDGEMENT

(1.) The respondent herein the writ petitioners have filed two separate writ petitions, seeking for writs of mandamus, directing the respondents therein to admit the respective petitioner to the M.B.B.S., Course, at Armed Forces Medical College, Pune for the 1995 Session based upon the selections already made. Pending disposal of the main writ petitions, in W.M.P. Nos. l7671 and 17672 of 1995 interim orders were made for reserving two seats one each without filling up for both the petitioners, after hearing the counsel for respondents 1 and 2 on 5-9-1995. Similarly, in W.M.P. Nos.21428 and 21429 of 1995, respondents 3 to 5 also came to be impleaded having regard to certain subsequent developments coming to light. The prayers in the main writ petition also came to be amended as for writs of certiorarified mandamus in W.P. No. 11135 of 1995 to quash the telegram of the lst respondent bearing No. 87 and in W.P. No. 11134 of 1995 to quash the proceedings of the lst respondent dated 2-11-1995 and consequently direct the respondents 1 and 2 to admit the petitioner at the College and for the course referred to supra. The proceedings under challenge in both the writ petitions stated that based on the Court of Inquiry ordered to enquire into the alleged irregularities in the conduct of the Armed Forces Medical College, Pune, 1995 Session the Government of India, Ministry of Defence, have decided to disqualify the petitioners for admission to the said course.

(2.) Both the writ petitioners have completed their Plus Two Course successfully during the year 1994 under the CBSE Scheme. The father of Ravi Bhatt (Petitioner in W.P. No. 11133 of 1995) was serving as an Officer in the Military Hospital where the examinations in question were held, and the Officer-in-charge of the Examination and the Invigilator were his father's colleague Officers serving in the same Hospital where the father of the petitioner was posted. Similarly, the father of the petitioner Arun Lakshmanan (petitioner in W.P. No. 11134 of 1995) was a high ranking officer in Army Medical Corps and was employed as Deputy Director, Medical Services in the Area Head Quarters, Madras and control the Military Hospital, Madras also where the Examination was conducted. The officer of the Military Hospital and the Invigilator of the hall in question are subordinate to the father of this petitioner. The selection for admission to the college in question is based upon a written test followed by an oral interview for such of those candidates who have passed the written test and have been assessed and found to be suitable to appear for the interview. The college is said to be under the overall control of the first respondent viz., The Director General of Armed Forces Medical Services, Ministry of Defence, New Delhi.

(3.) According to the writ petitioners, they submitted their applications, that they were intimated to take part in the written examination, that the examination centre was St. Dominic's Anglo-Indian Higher Secondary School, Madras-16 and they performed well in the examination as a result of which the 1st respondent by his proceedings dated 16-5-1995 and 20-5-1995 assessed the petitioners to have passed the written test and held them to be suitable to appear for interview too. Consequently, the petitioners also appeared and performed well in the interview and were hopeful of selection. At that stage, the petitioners came to know through their parents that a Court of Inquiry will be held on 10-7-1995 to go into certain alleged irregularities in the conduct of the Entrance Examination. The petitioners were given to understand that on a complaint received from a person who also was said to have participated in the written examination and on the report of the Major General S. Biswas, SM, Dean and Deputy Commandant, Pune, the Court of Inquiry was held. It is in these circumstances, the writ petitions came to be filed apprehending that they may not be given admission notwithstanding their best performance and selection. It is in the meantime, the impugned communications also were passed and communicated later to the petitioners.