SURESH KUMAR SINGHAL Vs. S.K. KHETARPAL

JUDGEMENT

(1.) THE facts giving rise to the filing of the contempt petition may be noticed in the first instance in order to appreciate the question which is involved herein. The petitioner challenged the admissions made in M.D. Course in Government Medical College, Patiala and, Amritsar by way of filing of a Civil Writ Petition No. 8789 of 1991. The writ petition initially came up for hearing' before a Division Bench of this Court on 8.6.1991, when notice of motion was issued for' 17-6.1991. The counsel appeared on behalf of the respondents on the aforementioned date and the case was adjourned to 11.7.1991. The reply was filed on 12.7.1991 on behalf of the respondents in the writ petition. The writ petition was finally admitted on 15.7.1991 and the Division Bench passed the following orders :-

(2.) SINCE the petitioner was not admitted as was ordered on 15.7.1991, he filed the resent contempt petition on 22.7.1991, Show cause notice was issued for 26.7.1991. The matter was taken up on aforementioned date. The respondents were directed to appear in person in the Court on 1.8. 1991 to show cause why the action under the Contempt of Courts Act be not initiated against them. Order was to be served on the respondents through Director, Research and Medical Education, Punjab, Chandigarh for 1.8.1991.

(3.) DURING the course of hearing certain facts have remained undisputed. It. has been brought to the notice of this Court that a letter was written by the Principal, Medical College, Patiala to the petitioner on 26.7.1991 attached as Annexure P/4 with the amended contempt petition asking him to deposit the fee by 8.8.1991. It has been specifically mentioned in the letter (Annexure P/4 that the petitioner was provisionally admitted in the MD (Paediatrics) course, under 60% quota subject to the final decision of the writ petition and his admission was made subject to the confirmation of his eligibility by the Punjabi University, Patiala and issuance of a No Objection Certificate by the Director, Health and Family Welfare, Punjab, Chandigarh. It was clearly, stated in the letter that if the writ petition filed by him goes against him, he was to vacate the seat immediately. It has further remained undisputed before me that up till now, the petitioner has not been allowed to deposit the fee and join the Post-Graduate- Medical course in Paediatrics.