SADIQ KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioner is a student, who has taken admission in the 4th respondent-Mahatma gandhi Medical College, Navi Mumbai, for Diploma in orthopaedics. It is his case that he had been admitted by this College in pursuance of the approval granted by the Government of India and the Government of Maharashtra. He was selected for a seat in this course after the central admissions procedure conducted by respondent No. 2-DMER and was admitted in August 2003. The University of Mumbai subsequently informed him by its letter dated 24th November, 2003 that the Diploma Course had not been introduced in the University till then and the eligibility certificate which had been issued to him in the meanwhile by the University was issued inadvertently. This letter has also drawn the attention of the petitioner that the College had been intimated by the University's letter dated 4th March, 2003 not to enrol any student to this Course. The petitioner seeks to challenge this communication dated 24th November, 2003. He also seeks to challenge the subsequent letter dated 30th June, 2004 addressed to the College and the resolution of the Academic Council dated 18th June, 2004 approving the course only from the academic year 2004-2005.

(3.) Mr. Aney, learned Counsel appearing for the petitioner, submitted that this course was approved by the Government of India on 5.12.2002 The State government approved it by its letter dated 26th December 2002 and in that letter, the State Government stated that the particular course was approved from the year 2002-03. It is, however, material to note that the last sentence of this letter stated that the steps with respect to the admission be taken after the affiliation is received for this course for the University and in accordance with the approved capacity for admission. Mr. Aney submitted that the petitioner has passed the M. B. B. S. examination from the Nagpur University. Thereafter he was selected in the Central Admissions procedure in August 2003 and bona fide took admission in this college. He paid the fees on 8th August, 2003. The college asked him to get the eligibility certificate and the University issued to him the provisional statement of eligibility dated 28th August, 2003. It is much later i. e. on 22nd/24th November, 2003 that the University informed him that the course had not been approved as stated in the note at the bottom of that letter by referring to the University's letter dated 4th March 2003 addressed to the college and, therefore, the eligibility certificate was withdrawn. Mr. Aney submitted that there is no fault on the part of student in any way and should not be made to suffer. He further submitted that if the college had the necessary facilities for the Master's Degree and if the Diploma course had been allotted to it and approved by the Government of India and the State Directorate of Medical Education, there was no reason for the University not to approve it and to decide to run the course from 2004-05 only. Mr. Aney submitted that grave prejudice is being caused to the petitioner and the University ought to be directed to allow the petitioner to appear for examination on the footing that he has completed the course in the academic years 2002-03 and 2003-04. He further submitted that the University has nothing particular to do in these matters and the facilities at the college etc. are examined by other Authorities. The University is only an examining body and the interest of the education requires that the University should not be permitted to dictate in this particular fashion.