SULAKSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court for issuance of a writ of mandamus directing the respondents to award the Degree of Bachelor in Ayurvedacharya in pursuance of the declaration of his result on completion of the course.

(2.) The petitioner applied for admission to B.A.M.S. in Kurukshetra University, Kurukshetra in 1985. He was allowed admission by the University in the Session 1985-86. He passed 1st year B.A.M.S. Examination held in April 1987 and the 2nd year and 3rd year Examinations held in April 1990. He cleared 4th year Examination held in December, 1990 and he also passed the Final Year Examination held in June, 1991. His final result was declared on 28.10.1991. Thereafter he also did his internship during 1991-92. On 18.6.1992 a Show Cause Notice was issued to the petitioner to explain and satisfy the authorities that he is a domicile of Haryana. In response to the said notice, the petitioner had replied that at the time of admission, he submitted a domicile certificate, but as the same was not traceable in the records of the Kurukshetra University, he submitted a fresh domicile certificate dated 8.7.1992. Thereafter on 7.5.1993 the petitioner was issued a memo calling upon him to explain about the authenticity of the domicile certificate dated 8.7.1992 produced by him. He submitted a detailed reply. According to the petitioner, he resided with his parents at Village Godika, Distt. Sirsa and in the year 1985, he submitted an application to the Assistant Collector 1st Grade, Dabwali (SDO Civil) who after verification, issued domicile certificate and he was allowed admission by the College as well as the University and he completed his academic course. On the basis of some anonymous complaint, the petitioner was asked to submit proof of his domicile in the State of Haryana. Accordingly, in the year 1992, he submitted a fresh domicile certificate from the competent authority. According to the petitioner, the delay in questioning his domicile in the State of Haryana after completion of his course is unjust. Further, according to the petitioner, he was born on 9.5.1968, and his father was having a Bachelor Degree in Ayurvedic Medicines who started his practice in Villages Pipli and Godika, District Sirsa and the petitioner was born in Village Godika in the year 1968 when his father was practising there and the petitioner was admitted in Government High School, Pipli and he did his primary education at Pipli and for higher studies, he shifted to Mansa. He did his Matric and Higher Secondary from Government High School, Mansa, but his father continued to stay in village Godika where he started practice and after completion of his Higher Secondary Examination, the petitioner applied for admission in B.A.M.S. in Kurukshetra University and after completion of all the formalities and getting himself qualified, he was admitted into B.A.M.S. Course of Kurukshetra University in 1985. Though the petitioner completed his Course, the authorities issued him a notice to explain and satisfy that he was a domicile of Haryana for which the petitioner submitted his explanation by submitting a fresh domicile certificate dated 8.7.1992. The report of the Deputy Commissioner, Sirsa that the domicile certificate produced by the petitioner is a forged one was without jurisdiction and, therefore, the cancellation of the result of the petitioner by the Principal of the S.K. Government Ayurvedic College, is illegal and liable to be set aside.

(3.) A written statement was filed by the 2nd respondent i.e. Kurukshetra University in which it is admitted that the petitioner was granted admission to B.A.M.S. Course in the Session 1985-86. It is further averred that in the year 1989 a complaint was received to the effect that the petitioner was not a resident of Haryana State and he submitted a domicile certificate based on wrong facts and thereupon the Principal, Shri Krishna Government Ayurvedic College, Kurukshetra requested the Deputy Commissioner, Sirsa, to verify the said domicile certificate and the Deputy Commissioner reported that the petitioner was not a resident of Village Godika and the domicile certificate produced by the petitioner was not issued by the S.D.O. (Civil) Dabwali. Therefore, a Show Cause Notice was issued to the petitioner by the College. Thereafter the petitioner submitted a domicile certificate dated 8.7.1992. When the petitioner was earlier directed to attend the office of S.K. Government Ayurvedic College, he submitted another domicile certificate dated 12.5.1992 issued by the S.D.O. (Civil), Dabwali and the Deputy Commissioner, Sirsa in his letter dated 7.12.1992 informed the Principal of S.K. Government Ayurvedic College, Kurukshetra that the domicile certificate submitted by the petitioner dated 12.5.1992 was forged one and the petitioner was not a resident of Village Godika. Therefore, according to the respondents, after giving an opportunity to the petitioner, an order was passed on 19.11.1993 by the Principal of Shri Krishna Government, Ayurvedic College-respondent No. 3, cancelling the admission of the petitioner and requested the Kurukshetra University, respondent No. 2, to cancel the result and Degree according to the Rules of the University. According to the 2nd respondent, for obtaining admission to an educational Institution the candidate must be a domicile of the State of Haryana and according to clause 22 of the Ordinance of General Rules for Examinations, the Controller of Examinations have authority to cancel the candidature of a candidate for any University Examination on the ground of eligibility. Therefore, according to the respondent, the admission of the petitioner into the Course is totally cancelled as he obtained the admission by producing a false domicile certificate.