MAHARSHI DAYANAND UNIVERSITY, ROHTAK Vs. GAGAN CHHABRA

JUDGEMENT

(1.) Present civil revision arises out of the order of first Appellate Court passed on an application of the plaintiff (respondent No.1 herein) to declare the result of Ist Professional Supplementary Examination during the pendency of the appeal filed by the petitioner against the interim order of the trial Court vide which plaintiff was allowed to appear in the Ist Year MBBS Examination.

(2.) In brief, the facts are that the plaintiff, on having successfully passed P.M.T. in the year 1991, got admission in August, 1991 in All India Institute of Medical Sciences, (for short the AIIMS), New Delhi. Examination of first professional was to be held in July, 1992 but the plaintiff did not appear. In December, 1992, the Medical Council of India (for short the MCI) considering the case of the plaintiff on compassionate grounds, allowed him to migrate from AIIMS, New Delhi, to Medical College, Rohtak. The migration was allowed on the condition :-

(3.) In terms of the decision of the M.C.I., Medical College, Rohtak allowed the migration and asked the plaintiff to submit an affidavit duly attested by an Oath Commissioner. Plaintiff submitted his affidavit dated 11.2.1993 before the Director, Medical College, Rohtak in which he affirmed "that as per decision of Medical Council of India, I shall have to start as a fresh candidate in Medical College, Rohtak and complete 18 months of study before appearing in the Ist Prof. MBBS examination as desired by Medical Council of India vide their letter No. MCI-31(7)92/7654 dated 27.1.1993."