MAHARISHI DAYANAND UNIVERSITY Vs. RAJAN SAHUJA

JUDGEMENT

(1.) This revision petition is directed against the order dated 19.5.1994 passed by the learned Additional District Judge, Rohtak directing the Maharishi Dayanand University, Rohtak to allow respondent Rajan Sahunja to appear in the 2nd Professional Examination of M.B.B.S. Course (remaining papers) with a rider that the appearance - of the candidate would be subject to the decision of the appeal and the suit.

(2.) Respondent -Rajan Sahuja who was admitted to M.B.B.S. Course at Kasturba Medical College, Bangalore sought his transfer to the Medical College & Hospital, Rohtak in M.B.B.S. 2nd Professional Course during the session 1993 -94 against the seat allegedly vacated by one Ms. Mansi Rana who returned to her original Medical College at Madurai. At the time of his migration to Medical College & Hospital, Rohtak, the respondent was made aware of the condition that he will be required to complete 18 months training before being permitted to appear in the examination. On an application made by him, the Vice Chancellor of Maharshi Dayanand University, Rohtak waived the condition of 18 months training. However, just before the commencement of the examination, the plaintiff -respondent was informed that he is ineligible to take the examination because he does not fulfil the Condition of 18 months training. This led to the filing of a civil suit by the respondent along with an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure. The University contested the injunction application and after hearing learned counsel for the parties, learned Sub Judge 1st Class, Rohtak dismissed the application with costs of Rs. 2000/ -. Aggrieved by the order dated 18.5.1994 passed by the learned Sub. Judge 1st Class, Rohtak, the respondent filed an appeal Under Order 43 Rule l(r) of the Code of Civil Procedure and at the same time, made a prayer for grant of interim stay in his favour for being allowed to appear in the examination which had already commenced. The learned Additional District Judge realised the urgency of the prayer made by the respondent and, therefore, gave a notice to the Standing Counsel for the University and after hearing the parties for some time, passed the impugned order to which reference has been made hereinabove. Learned Additional District Judge directed that the appeal be listed for hearing on 28.7.1994.

(3.) The University filed this revision petition before this Court on 23.5.1994. On 24.5.1994, this Court passed an order staying the operation of the order dated 19.5.1994 passed by the learned Additional District Judge, Rohtak. Subsequently, on an application filed by the respondent, this Court allowed the respondent to appear in the remaining practical examinations. While doing so, this Court took notice of the fact that the plaintiff -respondent had already appeared in the theory papers.