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 tp 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 MDBS/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.) BEFORE the matter might proceed any further, it requires to be mentioned that vide Civil Misc. Application Nos. 2443 and 2444 of 1994, the petitioner had filed number of documents before the learned single Judge including a report dated February 11, 1993 submitted by the Sub-Divisional Officer (Civil), Gurgaon to the Deputy Commissioner, Gurgaon and letter dated December 8, 1992 issued by the Secretary, Zila Sainik Board, Gurgaon to the Director, Medical College, Rohtak. The University filed reply to the aforesaid Civil Misc. Applications and admitted that an enquiry had been got conducted in the matter and as per the report dated March 20, 1993 submitted by the Enquiry Officer, certificate of domicile produced by Lt. Col. Nand Kishore, father of respondent No. 4, was not found to be genuine and that the Enquiry Officer had recommended that the admission granted to respondent No. 4 should be cancelled. At this stage, it also requires to be mentioned that it is admitted position between the parties that circular, Annexure P-12, issued by the Government of Haryana, would determine the bona fide residents of Haryana. Relevant extract of the said circular reads thus : -