DINKAR PRABHAKAR MAHAJAN Vs. S L AGRAWAL

JUDGEMENT

(1.) This is a hard case. The petitioner, who was prosecuting his studies in the IIIrd year of the M.B.-B.S. course in the Medical College, Rai-pur received a letter on 16-9-1972 (An-nexure 9) from the Dean that his admission to the M.B.B.S. course had been cancelled because he had not taken Physics as a subject in his B.Sc. (Part I) examination and was, therefore, not qualified to appear in the Pre-medical examination held in the year 1970, to which examination he was wrongly admitted. The petitioner rushed to this Court for a writ of certiorari to quash the letter (Annexure 9) cancelling his admission to the medical courses and expelling him from the College. This Court gave an ad interim writ directing that the petitioner be allowed to prosecute his studies, the results of his M.B.B.S. terms to be declared after the final order in the writ petition was pronounced. The petitioner is now in the Vth year and would shortly be appearing in the final M.B.B.S. examination.

(2.) The petitioner had passed his Higher Secondary School Certificate Examination-- A Course (i.e. Three years integrated Regular) in the year 1965 in Second Division. Physics was one of the subjects he had offered. He passed his B.Sc. Part I (Pre-professional) Examination in the year 1967 in Second Division. His subjects were Chemistry and Biology. He had not offered Physics as a subject. He passed his B.Sc. Final Examination in the year 1969, subjects being Chemistry and Biology. Physics was not his subject in B.Sc. Part I or in the Final B.Sc. In the year 1970, the petitioner filled in the prescribed form for admission to the Pre-medical Examination. He gave along with the form the requisite certificates and mark-sheets, and wrote a covering letter that his case be considered sympathetically and as a special one.

(3.) The petitioner was admitted to the Examination. He was declared duly passed. The results were notified. He was granted admission to the Medical College, Raipur, and was also awarded scholarship. He passed his M.B.B.S. 1st year, the home-examination, in the year 1971. and his second year which is called the M.B. B.S. First Examination in May, 1972. While prosecuting studies in the Illrd year, he was given the impugned notice,