RAJANI THABAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In this writ petition the question which calls for adjudication is whether the nomination obtained for admission in M.B.B.S. course by practising fraud could be recalled after a period of 4 years without affording an opportunity of hearing?

(2.) The petitioner Miss Rajani Thabah passed the Matriculation Examination in the year 1992 from the Meghalaya Board of School Education and qualified in the Pre- University (Science) in February, 1994 from the North Eastern Hill University securing 2nd Division. Thereafter, in order to improve the marks secured, she had taken admission at the Sardar Patel Intermediate College, Madhunapur, Vaisali in the year 1994, and in 1995 duly passed the I.Sc. examination in 1 st Division. The Govt. of Meghalaya, on her application, nominated her for admission to the First Year M.B.B.S. course for the Session 1995-96 at Lady Hardinge Medical College, New Delhi against the seats allotted to the State of Meghalaya. In view of doubt raised by certain quarters regarding veracity of her marksheets, the aforesaid nomination was withheld and confirmation was sought from the Bihar Intermediate Education Council. The Assistant Director of Health Services, Meghalaya also visited Patna to ascertain the factual position. The Bihar Intermediate Education Council vide their letter dated 8.9.95 confirmed the authenticity of the mark sheets submitted by the petitioner. The Assistant Director of Health Services also confirmed in his report that the petitioner had duly qualified at the Intermediate (Science) Examination, 1995 from a College affiliated to the said Council recognised by the Government of Bihar. Report was also collected through the Police. A statement clarifying the position was also made in the floor of the Assembly by the Minister in-charge Health and Family Welfare Department, Meghalaya on 18.9.1995 (Annexure-2). The nomination was thereafter communicated to the Dean of Lady Hardinge Medical College, New Delhi. Accordingly, the petitioner got herself admitted in the First Year M.B.B.S. Course on 25.9.95. In 1996, a notification was issued by the Bihar Intermediate Education Council, Patna under No. B.I.E.C. 407/SC/96 dated 6.4.96 cancelling the result of the petitioner bearing Roll Code No. 3330, Roll No. 10052 for the I.Sc Examination, 1995 on the ground that the petitioner had appeared in the said examination through foulplay, fraudulent means and forgery. Since the representation filed on her behalf yielded no result, the petitioner challenged the aforesaid notification dated 6.4.96 by preferring a writ application registered as C.W.J.C. No.4507 of 1996 before the High Court of Judicature at Patna and the said application is awaiting disposal. In the meantime, the respondents cancelled her nomination vide notification dated 24.6.1996. Aggrieved thereby she has approached this Court praying for a writ in the nature of Mandamus directing the respondents not to recall the petitioners' nomination.

(3.) This Court while issuing a notice on 25.6,96 directed the Respondent No. 1 and 2 not to pass any adverse orders affecting her studies at Lady Hardinge Medical College. By the order dated 12.9.96, the learned Single Judge on consideration of the balance of convenience made the order dated 25.6.96 absolute till disposal of this petition. By virtue of the stay order, the petitioner has been continuing her studies and, according to the learned counsel, as on today she is a student of 4th year,M.B.B.S.