BRAJENDRA SINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Dr. Brajendra Singh Chouhan prays that a writ of mandamus be issued directing the respondents to permit him to continue with course of study namely Diploma Course in the discipline of Clinical Pathology, to which discipline he was granted admission by the respondent authorities in G. R. Medical College, Gwalior on 30th of January 1993. A writ of Certiorari is also claimed and a prayer has been made to quash the action of respondents by which the admission was initially suspended on 1-2-1993 and later on cancelled.

(2.) The basic question involved in this petition is whether the petitioner should be permitted to continue his course of study in Diploma Course in the discipline of Clinical Pathology in the G.R. Medical College, Gwalior when the vacancy arose in the middle of academic session.

(3.) When this petition came up for final hearing before a Division Bench consisting of Sacheendra Dwivedi and S. K. Chawla, JJ., there was a diffence of opinion. Dwivedi, J. was of the opinion that the petitioner having been allowed to join the course was within his rights to pursue and complete the same and his admission could not be cancelled merely because another candidate having higher merit was given her due right. Principles of equitable estoppel were held to be attracted in the case. Dwivedi, J. also came to a conclusion that another vacancy having come in existence eight months after the start of session during the pendency of the petition, the petitioner should be adjusted against the same. It was accordingly concluded that the petitioner's prayer deserved to be granted. However S. K. Chawla, J. was of the view that grant of admission against a vacancy which had arisen in the ninth month of the academic session would be in violation of rules and it was accordingly held that the petition being without merit deserved to be dismissed. It is under the above circumstances this petition has been placed before me. Even though separate orders passed by Dwivedi, J. and S. K. Chawla, J. deals with facts in detail, I deem it appropriate to recapitulate them in brief.