MUKUND PRASAD KHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order - Annexure-P/6dated 9-2-1994, whereby the petitioner's admission to college of Veterinary .Sciences and Animal Husbandry, Jabalpur was cancelled on the ground that the petitioner submitted a false certificate of his father being 'agriculturist'.

(2.) Petitioner avers that the petitioner's father and his family members livelihood is mainly dependent on the agriculture though the petitioner's father is also working as Assistant Teacher in the village. After due verifications, the Revenue Officer not below the rank of Naib Tahsildar issued the certificate dated 20-8-1990 - Annexure-P/4, that the father of the petitioner is a bona fide 'agriculturist', whose livelihood is mainly from agriculture. The petitioner submitted the from Annexure-P/3 - for entrance examination annexing the certificate- Annuxure- P/4 according to the format given in Rule 8.12 wherein the relevant words are: "VE KARYARAT VASTAVIK KRISHAK SHRENI SE SAMBADHA HAI/NAHIN HAI/TATHA INKI JIVIKA MUKHYATAYA KRISHI HAT." After verification, the form was accepted by the Professional Examination Board of Madhya Pradesh. The petitioner successfully passed the entrance examination held by the respondent No.2 for admission to five years course of Verterinary Science and Animal Husbandary including one year internship. After counselling, the petitioner was admitted in Veterinary Sciences and Animal Husbandary College, Jabalpur in the first year in the 1990. The petitioner pursued the course of BVSc for 31/2 years. To utter surprise, the petitioner received a notice Annexure-P/6 on 9-2-1994 of cancellation of his admission to the Veterinary Sciences and Animal Husbandary Course on the ground that the petitioner's father does not fall within the category of 'agriculturist'. Hence, the petitioner has approached this Court for quashment of the order.

(3.) A learned Judge of this Court on 4-3-1994 after hearing the petitioner issued the notice to show-cause to respondents and passed an interim order directing the petitioner's continuance in the College shall not be terminated. After notice, the matter came up for hearing on 4-8-1994, after hearing the parties the interim order so passed was confirmed. The petitioner submits that he has completed 9th semester successfully, now only last semester of internship is to be attended, but, the petitioner is not being allowed, therefore, the respondents be directed to allow the petitioner to join and attend the internship.