JANAK RAJ SAINI Vs. MAHARASHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) The petitioner approached this Court with a prayer that the respondents be directed to admit him in the Post Graduate Course leading to the Degree of Master of Surgery (Opthalmology). The Motion Bench directed the issue of notice to show cause. No one appeared for the University and the Medical College in spite of service. On July 19, 1991, the Bench passed the following order :-

(2.) In pursuance to the above directions, the petitioner was admitted to the Course in the year 1991. He has admittedly completed the Course and taken the final examination held in the year 1994. The respondents have not filed any written statement to controvert the petitioner's claim. The petitioner's admission in pursuance to the directions of the Bench indicates that persons lower in merit had been admitted and that he was wrongly excluded from consideration. Even otherwise, it is the admitted position that the petitioner has completed the Course and even taken the final examination. In this situation, if the petitioner's admission is not ratified, it would only result in avoidable loss of time, money and energy. It would not promote public interest or serve the cause of education.

(3.) Accordingly, the writ petition is allowed and the respondents are directed to declare the petitioner's result of the examination already taken by him within one week from the date of receipt of a copy of this order. In case he is declared to have passed the examination, requisite degree shall be conferred on him. If he fails, he would be given further chance to appear in the examination in accordance with the rules governing the matter. In the circumstances of the case, there will be no order as to costs.