DON DUSHYANTH SAMARANAYAKE Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) In this writ petition, counter and rejoinder-affidavits have been exchanged and the learned Counsel for the parties agreed that the writ petition may be decided finally at this stage.

(2.) Facts giving rise to this writ petition are that Dr. Don Dushyanth Samarnayake who is a Sri Lankan National after completing M.B.B.S. Course from Patna Medical College, Patna, Joined Banaras Hindu University, Varanasi for doing M.S. Course in General Surgery which he claims to have completed in December, 1995. On completing of M.S. Course (General Surgery), Petitioner wanted to Join the Course of super specialities. Banaras Hindu University awards degree of D.M. (Doctoratus Medicinus) and M. Ch. (Magister Chirurgise) in certain subjects. Petitioner applied for registration to M. Ch. Course of 1996 in Urology in pursuance of the advertisement filed as Annexure-2 to the writ petition. On this application, Petitioner was initially issued an admit card to appear in the Entrance examination which was scheduled to be held on 11th February, 1996. However, by order dated 11th February, 1996 admit card issued in favour of Petitioner was cancelled on the ground that as Petitioner is a foreign national, he does not meet the prescribed conditions as laid down in prospectus for foreign nationals. Aggrieved by the order dated 11th February, 1996 filed as Annexure-4 to the writ petition, Petitioner has approached this Court under Article 226 of the Constitution.

(3.) In this writ petition, important questions for determination are as to whether Petitioner could make an application for his registration in M. Ch. Course of subject Urology along with other candidates who are Indian Citizens and whether the Petitioner complied with all the formalities required under the Ordinance for being registered to the course of M. Ch. Urology as foreign national. Learned Counsel for the parties, while arguing for their respective sides, placed before me various documents filed along with the writ petition, counter-affidavits, rejoinder-affidavits and supplementary affidavits. However, before dealing with the documents, it is necessary to ascertain essential requirements for a foreign national for being registered in such super specialities Course.