DEEPAK KUMAR Vs. PGIMER AND ORS.

JUDGEMENT

(1.) The petitioner has approached this court, inter alia, impugning office order dated 5.6.2015, passed by the respondents, whereby admission of the petitioner in MD (Microbiology) has been cancelled.

(2.) Learned counsel for the petitioner submitted that the petitioner after completing his MBBS from A. N. Magadh Medical College applied for admission to MD course in Post Graduate Institute of Medical Education & Research, Chandigarh (for short, 'PGIMER') in the session commencing in January, 2015. In the entrance test, the petitioner was ranked at No. 649 in the merit list. He being a candidate belonging to OBC category, in terms of his merit, was granted admission in MD (Microbiology). He deposited the requisite fee and was pursing his course. As the branch in which the petitioner got admission was not of his liking, he applied for appearance in the entrance test notified for the session July, 2015. However, noticing the fact that the petitioner was not eligible to get admission once he was already pursuing the course, despite the fact that he had been issued the requisite admit card for appearance in the entrance test, he did not appear in the same. On a wrong information furnished by the authorities to the Committee concerned that the petitioner by concealing the fact had appeared in the competitive examination for admission in July, 2015 session, cancelled his admission in MD (Microbiology) in session January, 2015. The submission is that it was by mistake that in the form, which was to be filled on-line that the petitioner had filled the column requiring information as to whether the candidate is already admitted in a course by stating 'No', as only two options were available. The moment he came to know that he was not eligible, he did not appear in the entrance examination. It was not a case of fraud, as is sought to be projected. Even the condition laid down in the prospectus merely provides that subsequent admission of a candidate can be cancelled and not the earlier one. A candidate, who may by applying for admission in a Post-Graduate course in PGIMER may not necessarily to be admitted in PGIMER only, as he may be a student in other institute as well. PGIMER will not have the jurisdiction to cancel his admission in other institute.

(3.) Learned counsel further submitted that though the provisions in the prospectus did not provide that in case admission of a student is cancelled by PGIMER, the student is liable to pay a penalty. In the case in hand, the petitioner had not left himself voluntarily, rather, his admission was cancelled by the authorities, hence, he could not be directed to pay the penalty. He further submitted that besides taking aforesaid two actions, PGIMER authorities had even written to Bihar Council of Medical Registration, Patna to take action against the petitioner. In fact, the effort is to spoil the entire career of the petitioner for minor inadvertent mistake.