MAHESH KUMAR JINDAL Vs. VICE CHANCELLOR

JUDGEMENT

(1.) THE prayer is that the Vice-Chancellor of the Banaras Hindu University and the Director, Institute of Medical Sciences, Banaras Hindu University may be commanded to admit the petitioner in the second Professional MBBS. course in the Institute of Medical Sciences of the said University.

(2.) A counter -affidavit has been filed on behalf of the two respondents aforementioned. The petition has not been admitted as yet. However, with the consent of the learned counsel for parties we have heard this petition with a view to dispose it of finally. We are, therefore, proceeding to do so.

(3.) THE petitioner having failed to succeed in the migration test, his father, on 29th May, 1989, submitted an application to the Secretary of the Indian Medical Council through the Director of the Institute with a prayer that the Medical Council may permit the migration of the petitioner to the Institute. On 29th May, 1989, the Director of the Institute (Professor Vaidya) was not available. On that day the Acting Director forwarded the case of the petitioner for consideration under paragraph V (e) of the recommendations afore quoted It appears that on 30th June, 1989, the Secretary of the Medical Council of India inquired from the Director of the Institute of the number of students present in the First Term of the second MB BS. course. In reply, the Director wrote that 54 regular candidates were in the third year M B.B.S. class having passed the first year M.B.B.S. examination conducted by the Institute. 3 candidates had been selected in the migration test under *he 5 percent quota. Two of them had joined and the third was likely to join in the near future Upon his joining the total strength would be 57 students. On 27th July, 1989, the Secretary of the Medical Council of India wrote to the Director of the Institute that the Medical Council had no objection to migration of the petitioner from the Kanpur Medical College to the Institute in the first term of the second M.B.BS. course as a special case.