SHARAD CHADDA Vs. STATE OF U P

JUDGEMENT

(1.) S. S. Chauhan, J. These bunch of three categories of writ petitions have been filed by various students belonging to MBBS examination, BDS examination and MBBS supplementary examination.

(2.) THE writ petitions, which pertain to the group of BDS examination, are Writ petition Nos. 5450 (MS) of 2006, 5454 (MS) of 2006, 2998 (MS) of 2007, 3010 (MS) of 2007, 2999 (MS) of 2007, 3060 (MS) of 2007, 2860 (MS) of 2007, 3132 (MS) of 2007, 3133 (MS) of 2007, 3000 (MS) of 2007 and 3043 (MS) of 2007. THE other category of writ petitions pertaining to MBBS examination are 409 (MS) of 2007, 3238 (MS) of 2007, 3401 (MS) of 2007, 3053 (MS) of 2007, 1620 (MS) of 2007 and 1644 (MS) of 2007 of which the leading Writ Petition is 3010 (MS) of 2007; Attaullah Khan and others v. state of U. P. and others. Writ Petition No. 3053 (M/s) of 2007 pertains to supplementary examination of M. B. B. S. Course.

(3.) THE Court after hearing the parties came to a definite conclusion that the new rules could not have been applied in respect of those candidates who have appeared in the examination prior to amendment of the rules and therefore the writ petition was disposed of with a direction that the Coordinator on 9. 10. 2006 was having no authority in law to amend the aforesaid rules retrospectively even in respect of the examinations which had already commenced prior to the proposal dated 5. 10. 2006 relating to the academic session 2005-06. It was also found by the Court that retrospective operation of the new rules under the executive order of the Coordinator was not permissible in law. THE University was also not justified in giving it retrospective operation as neither any rule nor the statutes empower the university for the time being in force to give retrospective effect to a decision in respect of such amendments, which has been undertaken in the present case and therefore the Court held that the declaration of result of the students of the said writ petition according to the amended rules as communicated through the order of the Coordinator is illegal.