SARBJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who was admitted to the M.B.B.S. Course at the Government Medical College, Patiala on Novembef 16, 1989, filed this petition with a prayer that he be permitted to appear in the M.B.B.S. Final Professional Examination commencing on December 9, 1993. The Motion Bench vide its order dated December 3, 1993, permitted the petitioner to appear in the examination "at his own risk and responsibility subject to further orders which may be passed in this writ petition." Consequently, the petitioner took the examination. He now prays for the issue of a direction to the Punjabi University, Patiala to declare his result. The respondents claim that the petitioner was not eligible to appear in the examination. A few facts may be noticed.

(2.) THE petitioner belongs to the category of Backward Classes. After qualifying the 10 + 2 examination, the petitioner appeared in the Pre -Medical Test held in June, 1989. He was selected for admission against one of the seats reserved for the candidates belonging to the backward classes. Vide letter dated August 14, 1989, a copy of which has been produced as Annexure P. 2 with the writ petition, the petitioner was informed that he had been provisionally selected for admission to the 1st Year M.B.B.S. Course in the Government Medical College, Patiala against one of the seats reserved for backward classes and that this was subject to "medical fitness and verification of all original certificates." In pursuance to this letter, the petitioner reported to the Principal, Government Medical College, Patiala on August 18, 1989. The petitioner avers that the Principal desired that the "Backward Class Certificate is to be reverified by the competent authority..." The verification was done. Vide letter dated November 9, 1989, the petitioner was asked to join the course and to deposit the fee by November 16, 1989. The petitioner deposited the requisite fee. He passed his First Professional Examination held on June, 1991 and the 2nd Professional Examination held in December, 1992. His candidature for admission to the 3rd Professional Examination commencing on December 9, 1993, having not been accepted by the University, he has approached this Court through the present writ petition. The petitioner avers that he had completed the curriculum and course of study and was eligible to appear in the examination. He further avers that a number of students, who were similarly situated, were permitted to take the examination by the University. Reference in this behalf has been made to an order dated November 8, 1987, a copy of which has been produced as Annexure P. 7 with the writ petition, passed by the Vice -Chancellor of the University by which five students, who had not completed the prescribed period of studies, were permitted to appear in the examination. Various other instances have also been quoted. The petitioner maintains that he was eligible to take the examination under the Regulations and that the action of the respondents in considering him as ineligible to take the final Professional Examination held in December, 1993 is discriminatory and violative of the provisions relating to the examination.

(3.) A written statement has been filed on behalf of the University, viz. Respondent No. 3. The other respondents have not controverted the facts as alleged by the petitioner.