N D TAHILIANI Vs. R P MISRA

JUDGEMENT

(1.) DR. N. D. Tabiliani is the Professor and Head of the Department of Surgery in the Moti Lal Nehru Medical College, Allahabad. He is the petitioner in the present petition. Undisputably he is a very eminent surgeon. He has filed the present petition in connection with the appointment of examiners for M.S. and M.B.B.S. examinations held by the University of Allahabad. The dispute is in regard to the appointment of examiners for the years 1986 and 1987. On 9th March, 1985, a meeting was held of the Board of Studies of the Department of Surgery In this meeting examiners were appointed for 1986 examinations. Similarly on 26th April, 1986, the meeting of the Board of Studies took place for appointment of examiners for the year 1987. The Board of Studies in both the above meetings appointed examiners for the years 1986 and 1987. In the petition it has been stated that the Medical Council of India, which is a body constituted under the Medical Council of India Act, had made recommendations wherein it was stated that the Head of the Department should ordinarily be one of the examiners for the post graduate examinations. In accordance with the recommendations of the Medical Council of India a meeting of the joint board of studies under the Faculty of Medicines was held on 9-11-1978 and the following resolution was passed :

(2.) THE petitioner challenged this communication dated 4th November, 1986, before this Hon'ble Court in a petition under Article 226 of the Constitution of India. In that petition serious allegations of malafides were made against Dr. S. R. Singh, respondent no. 4, who is the Principal of the Medical College, Allahabad. A Division Bench of this Court by order dated 12-11-1986 quashed the communication dated 4th of November, 1986, issued by the Registrar on the ground that the order was of a penal nature and since it had been made without affording any opportunity to the petitioner it was void in law. This court, however, did not think it necessary to examine the allegations of malafides made against Dr. S. R. Singh.

(3.) HOWEVER, in respect of the examiners for the year 1986 the then Vice Chancellor of the Allahabad University, Dr. R. P. Misra, called the petitioner along with almost all the Doctors of the Department of Surgery at an informal meeting at his residence on 27-11-86. On the insistence of Dr. R. P. Misra the petitioner keeping in mind the interest of the students and also the fact that the examinations of M.B.B.S. and M.S. were bound to be postponed in view of the dispute in regard to the appointment of the examiners agreed not to act as examiner. In view of the fact that the petitioner agreed not to act as the examiner, the examinations were held as per the schedule and were not delayed. The result was that the dispute in regard to the appointment of examiners for the year 1986, came to an end.