LAWS(MPH)-1996-1-132

FARID KHAN Vs. STATE OF M.P.

Decided On January 25, 1996
FARID KHAN Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) It is not in dispute that the petitioner has completed his course of study in the course of certificate of physical education. The duration of this course was two years. The result of this is sought to be cancelled on the ground that the petitioner is not a resident in the State of Madhya Pradesh. It is on this ground alone the candidature of the petitioner is being cancelled and his result is not being declared.

(2.) This matter is directly covered by a decision of this Court in writ petition No. 624 of 1993. While dealing with similar matter, the following observations were made :

(3.) Apart from the aforementioned decision of this Court, there are number of decisions of the Supreme Court of India wherein, it has been laid down that if a candidate completes his study and even if there is some lacuna is the basic qualifications which enabled him to join the course then the extreme step of cancelling examination should not be resorted to. In Rajendra Prasad Mathur Vs. Karanataka University and another, AIR 1986 SC 1448, admission was sought on the basis of qualifications which qualifications were not sufficient for grant of admission. This lapse was condoned after making the following observations :