RICHA GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition is preferred by a medico challenging the cancellation of her admission in M.D. Preventive and Social Medicine (for short 'MD PSM'), vide Annexure P/1 dated 8.10.93.

(2.) THE narration of the broad facts would be useful for the further discussions in the matter. The petitioner was given admission in MD PSM by respondent No. 3 under an order dated 23.2.93 filed as Annexure P/4. The petitioner joined on the seat on 23rd. February, 1993, itself. She was, therefore, assigned the M.D. Research Work on the topic 'A review on knowledge, attitude and acceptance of contraception in recently delivered mothers in Gwalior township'. The certificate to that effect is filed as Annexure PIS dated 16.9.93. The petitioner worked on the subject and continued to prosecute her studies till 8.10.93, when she was served with the order Annexure P/1 that her admission in MD PSM was cancelled. The petitioner then rushed to this Court, and in view of the above circumstances, an order to continue the petitioner with her studies in MD PSM was passed by this Court. The petitioner has thus continued her studies.

(3.) I have taken into account all the relevant factors and the circumstances of the case. The petitioner was granted admission on 23.2.93 in MD PSM arid was very well allowed to prosecute her studies till 8.10.93, when another order was passed by the same authority, i.e., respondent No. 3, who is locally placed. No reasons are assigned for such cancellation of the admission granted to her. In the educational matters and particularly when a candidate was admitted in a particular discipline, on a particular seat and was permitted to prosecute the studies for about eight months, it was highly improper and arbitrary to cancel such admission and to ask the candidate to bind up and go home. From the order Annexure P/1, it cannot be gathered nor it is submitted that in her place any other candidate was given admission. After the petitioner was permitted to prosecute the studies, since the passing of Annexure P/1 and after the order of this Court, none has appeared to oppose her such continuance. No one else has staked any claim on the seat. There has also appeared no reason or the circumstance on record to justify or support the respondents' action of cancellation of petitioner's admission.