PAWAN KUMAR AGARWAL Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The aforementioned writ petitions were taken up together by consent of parties since common questions are involved. The writ petitioners have challenged the order of cancellation of admission to M.D. Course in the respective subjects in which they were admitted which was issued on 23-8-1993. The fact of such cancellation of admission was communicated by letter issued by the Secretary faculty council of P.G. Studies and medicine, nursing etc. dated 23-8-1993 which is contained in Annexure 'C' to the writ petitions. The writ petitioner Dr. Pawan Kumar Agarwal received the said letter of cancellation on 26-8-1993 and Dr. Adit Dey received it on 11th Sept. 1993. By letters dated 29-8-1993 and 12-9-1993 the petitioners duly protested against the said order of cancellation and demanded justice. However their representations remained unanswered.

(2.) . In September, 1993 the writ petitioners filed the writ petitions. An interim order was passed by me on 23rd Sept. 1993 directing stay of operation of the order of cancellation till the disposal of the writ petitions. The University 6 authorities did not make any attempt to vacate the stay or to prefer an appeal. The petitioners continued their studies, completed the course and appeared at the final M.D. examination in their respective subjects in May, 1996. But so far as the petitioners are concerned their results were withheld by the respondent University. Applications for contempt were filed before me whereupon order was passed by me directing the authorities to appear before me and bring the results of the petitioners in a sealed envelope. The University authorities however failed to comply with the said order.

(3.) . On or about 1st April, 1996 the Division Bench disposed of the appeal with the observation that the writ petitions should be disposed of expeditiously.