ASHOK KUMAR SHALIEY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner passed his matriculation examination in the year 1981 and his 10 + 1 examination in the year 1984 both from the Punjab School Education Board and on that basis got admission to the B.A.M.S. four years course for the session 1984-88 in the Shri Krishna Government Ayurvedic College, Kurukshetra, which is affiliated to the Kurukshetra University, as a domicile of the State of Haryana, as the admission was confined to the domiciles of the State. He also passed the final year examination in April, 1990 and after having completed six months of internship was duly issued certificate, Annexure P-5 dated 5.3.1993 to that effect as also a provisional certificate, Annexure P-6, dated 11.2.1991 indicating that he had cleared the B.A.M.S. Course. He was thereafter registered as an Ayurvedic Practitioner under Sr. No. 3257 as per registration certificate, Annexure P-7, dated 23.5.1991. As the formal degree certificate had not been issued to the petitioner, he approached the respondent-College for the same and was told by the Principal that an enquiry had been initiated against him on the ground that the domicile certificate Annexure P-3 that he had produced at the time of admission in the year 1984, was in fact a forged document as he was not a domicile of the State of Haryana. A show cause notice, Annexure P-8, dated 10.5.1993, was accordingly issued to the petitioner by the Principal of the respondent-College. The petitioner sought more time to reply to the notice vide letter, Annexure P-8/1, dated 9.6.1993 and on his request, the matter was once again referred to the Deputy Commissioner, Kurukshetra. The Deputy Commissioner referred the case to SDM/Tehsildar/Halqa Patwari for verifying the fact with regard to the petitioner's domicile and the Halqa Patwari reported that the petitioner and his family had been residing in the locality known as Mohan Nagar in a rented accommodation. The report of the Halqa Patwari was put before the Tehsildar, Thanesar, who verified the same as per Annexure P-10, dated 18.3.1993 by noting that the petitioner and his mother were residing at different places within Thanesar from 1978 to 1990 and that the petitioner's name also appeared in the ration card and the voter lists. It is the petitioner's case that despite these communications in his favour, the Registrar of the Kurukshetra University vide his letter dated 6.5.1994, Annexure P-12, informed him that as the Principal of the respondent-College had already cancelled his admission to the course, the question of issuing the formal degree did not arise. The petitioner has accordingly impugned the order, Annexure P-12, in the present writ petition.

(2.) On notice of motion, various replies have been filed on behalf of the respondents and while admitting the fact that the petitioner had passed out of the respondent-College, it has been pleaded that on a complaint received about the petitioner's domicile in the year 1989 the Deputy Commissioner, Kurukshetra had been requested vide letter dated 27.9.1989 to verify the certificate and that he had vide Annexure R-1 dated 6.11.1992 (appended with the written statement filed on behalf of respondents 1 and 3) informed the College that the petitioner was not a domicile of the State of Haryana on which a show cause notice had been issued to the petitioner vide letter dated 10.5.1993 and despite ample time having been given to him, he had submitted no reply with the result that his admission had been cancelled vide order dated 10.11.1993, Annexure R-3. Reliance has also been placed on Clause 22 of the Ordinance for Examinations appearing at page 437 of the Kurukshetra University Calender Volume II, 1991, to plead that the controller of examination of the University had the authority to cancel the petitioner's result.

(3.) A replication has been filed by the petitioner controverting the stand taken by the respondents in the written statements.