RAKESH KUMAR SINGH Vs. BANARAS HINDU UNIVERSITY VARANASI

JUDGEMENT

(1.) Petitioners are students of M.D. / M. S. (Ayurved) in the faculty of Ayurvedic Institute of Medical Sciences, Banaras Hindu University, Varanasi, hereinafter referred to as the University. They by means of this petition under Art. 226 of the Constitution of India challenged the validity of the orders dated 23-8-1995 passed by the Controller of Examination of the University cancelling the result of the examination of the petitioners and the order of Vice-Chanceiler dated 20-8-1995 whereby the Vice-Chancellor directed to conduct the entrance examination of M.D./M.S. (Ayurved) again. Petitioners pray for issuance of a writ of certiorari quashing the aforesaid orders.

(2.) The brief facts of the case giving rise to the present petition as set out in the writ petition, are that the Institute of Medical Sciences in the University has got two faculties namely Faculty of Ayurved and Faculty of Modern Medicines. The faculty of Ayurved runs only post graduate courses namely M.D./ M. S. (Ayurved). The said post graduate courses are three years courses. The petitioners, who were eligible to be admitted in the aforesaid courses, applied for their admission. Thereafter , admit cards were issued to them and the written entrance test was held on 5-7-1995. In the said test, petitioners were required to answer 180 objective questions. One day before the said test a complaint regarding leaking of some of the questions set out by an examiner from Lucknow was made, however, the said complaint was found to be false and the result of the entrance test was declared on 15-7-1995. 22 Petitioners were declared to have qualified in the entrance test. Thereafter, the petitioners were admitted in M.D./M.S. (Ayurved) Course, for the year 1995 and after counseling respective departments were allotted to them. The candidates, who were unsuccessful in the said test made complaints to the Proctor of the University. On the other hand, petitioners made an application on 28-3-1991 requesting to issue the call letters for medical check up which was conducted on 29-7-1995. Theyhave also represented to Vice Chancellor from completion of other formalities of admission.. It was on 1-8-1995 that the petitioners came to know about the enquiry which was conducted behind their back. For asserting the correct facts regarding the said enquiry, they wanted to meet Dr. Dubey but he refused to see them. The petitioners were astonished to know on 21-8-1985 from a news item in a daily news paper "Dainik Jagran" that their admission in the M.D./ M.S. (Ayurved) courses were cancelled. The orders of cancellation of petitioners' examination were, however, not communicated to them.

(3.) It was on 23-8-1995 that the Controller of examination communicated the order of the Vice-Chancellor which reads as under:-"NOTIFICATION"Regarding: Cancellation of MD/MS. (Ay) Entrance Test, 1995.In view of the mass representations regarding some technical anomalies and the reports of the Inquiry Committee constituted thereof, the aforesaid examination of MD/ MS (Ay.) 1995, stands cancelled under the orders of the Vice-Chancellor. This examination is being re-scheduled to be held as early as possible.Sd/N.N. Pandita CONTROLLER OF EXAMINATION",