M D UNIVERSITY ROHTAK Vs. RUMIKA YADAV

JUDGEMENT

(1.) Rumika Yadav daughter of late Lt. Colonel Rajinder Singh Yadav, through Civil Writ Petition No. 12081 of 1992 filed by her under Article 226 of the Constitution of India, had challenged the admission granted to Ms. Yang Chan Kishore in the M.B.B.S./B.D.S. course notified by the Maharshi Dayanand University, Rohtak (hereinafter to be referred to as the University) for the year 1992 in the reserved category meant for the childern of the deceased/disabled officers (if there was no such case the children of ex-servicemen) on the sole ground that neither Ms. Yang Chan Kishore nor her father was domicile of Haryana State, a condition precedent for admission in MBBS/BDS and had yet successfully sought admission under the reserved category by forging documents evidencing her to be a domicile of Haryana. During the currency of the writ petition, petitioner Rumika Yadav was allowed provisional admission by an interim order passed in that behalf by the Bench, seized of the matter, which order was challenged by the University through a Special Leave Petition filed by it in the Supreme Court, which appeal, is stated to be still pending. The learned single Judge, vide judgment dated August 29, 1995 returned a firm finding of fact that Ms. Yang Chan Kishore, arrayed in the petition as respondent No. 4, was not eligible to be considered for admission in MBBS course against the reserved seat in pursuance of the advertisement isused by the University and but for the admission granted to her, petitioner would have been admitted. It was further held that Ms. Yang Chan Kishore had secured domicile certificate/bona fide resident certificate by supplying incomplete and incorrect information to the authorities and in terms of para 4 of Circular dated September 10, 1991 her admission was liable to be cancelled. The writ filed by Rumika Yadav was, thus, allowed and she was deemed to have been admitted against the seat reserved for the children of deceased/disabled officers. The admission given to Yang Chan Kishore by the University was, however, protected on the sole ground that she had completed three years of studies and it would be just and proper not to order cancellation of her admission, in view of the judgment of the Supreme Court in Dr. Ku. Nilofar v. State of Madhya Pradesh, AIR 1991 SC 1872.

(2.) Whereas, the appellant-University has challenged the order of learned single Judge in Civil Writ Petition No. 12081 of 1992 insofar as it protects the admission granted to Ms. Yang Chan Kishore in L.P.A. No. 832 of 1993 filed by it under Clause X of the Letters Patent, Yang Chan Kishore, in turn, through a separate L.P.A. bearing No. 897 of 1995 filed by her under Clause X of the Letters Patent has challenged the findings of the learned single Judge holding that domicile certificate submitted by her for securing admission was procured. We propose to dispose of both these Letters Patent Appeals by a common judgment.

(3.) As the controversy in the Letters Patent Appeals is limited to the two main issues i.e. as to whether Yang Chan Kishore had secured admission on the strength of valid documents or made up documents with regard to her or her father's domicile being of Haryana as also as to whether, if despite the fact that she had secured the admission in the manner aforesaid, simply because she had continued to study for a period of three years, admission granted to her should be protected or set aside, there is no need at all to give detailed facts of the case. Suffice, however, to mention that 150 seats for admission to MBBS/BDS courses were notified by the University in the year 1992. Of these, 115 seats were in the respondent-University and 35 seats were in Maharaja Agarsen Institute of Medical Research and Education, Agroha. Two seats in Rohtak Medical College and one seat in Maharaja Agarsen Institute were reserved for the children of the deceased/disabled officers. Rumika Yadav (hereinafter to be referred to as the petitioner) in admittedly a daughter of late Shri Rajinder Singh Yadav, who was Lt. Colonel in the Indian Army. Yang Chan Kishore (hereinafter to be referred to as respondent No. 4) is too, concededly, daughter of Lt. Colonel Nand Kishore. Petitioner as well as respondent No. 4 were interviewed and whereas petitioner had submitted her domicile certificate on July 29, 1992, within the time prescribed, respondent No. 4 had submitted the said certificate on August 12, 1992. Inasmuch as respondent No. 4 was admittedly higher in merit, she was preferred over the petitioner. As the petitioner was convinced that respondent No. 4 had secured admission when she did not deserve the same on account of the fact that she or her father was not domicile of Haryana State and that respondent No. 4 had managed the domicile certificate of Haryana, she filed Civil Writ Petition No. 12081 of 1992 which was allowed on August 29, 1995 in the manner, fully indicated above.