DR. CHANDRA NATH SARKAR Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The writ petitioner being aggrieved by and dissatisfied with an order dated 18.9.1997 passed by Ajoy Nath Roy in W.P. No. 1928 of 1997 has preferred this appeal. The basic fact of the matter is not much in dispute. The petitioner obtained the degree of M.B.B.S. from the University of Calcutta. He received the degree of Doctor of Medicine from Tamil Nadu Dr. M.G.R. Medical University, Madras in 1993. Admittedly University of Calcutta offered Post-Graduate Degree and Diploma Courses to those candidates who are eligible, for which applications were invited, inter alia, in Cardiology and Neurology for 1997-2000 Session. The petitioner being eligible, duly applied therefor. He appeared at the examination also. The results were published on 24th June, 1997 and the petitioner was ranked fourth in the merit list. Admittedly there are three seats in DM (Cardiology) Course and as such the petitioner was not admitted. He immediately requested the respondent- authorities to publish the detailed mark sheets which having been denied, the writ petitioner filed a writ application claiming, inter alia, the following reliefs:-

(2.) It is not in dispute that there is no provision for re-evaluation of the petitioner's answer script and/or reconsideration of his case. There cannot, further be any doubt that no Writ of or in the nature of Mandamus can be issued directing the petitioner to admit him in the DM (Cardiology) Course for 1997-2000 Session.

(3.) Mr. Hirak Mitra, the learned Counsel appearing on behalf of the petitioner submitted that keeping in view the allegation made by the petitioner as regards the manner in which the examination was conducted in connection with admission of MD (Neurology), the learned trial Judge erred in dismissing the writ application in limine. According to the learned Counsel, this court has wide power to remedy a manifest injustice in such a situation. Strong reliance in this connection has been placed on Tripura Sankar Chail Vs. University of Calcutta & Ors., reported in 1991(2) C.L.J. 279 and a decision of mine in Miss Sharmistha Gangopadhyay Vs. State of West Bengal & Ors., reported in AIR 1996 Cal. 239 .