KAMAKSHI WORAH Vs. VINOBA BHAVE UNIVERSITY

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of appropriate writ/order declaring that the decision of the respondents for holding re-examination on 28th January, 2000 for clinical and oral pursuant to the notification dated 13-1-2000 published in the daily news paper is illegal, arbitrary, mala fide and wholly without jurisdiction and further for quashing the office order dated 19-12-99 (Annexure 9) issued by the Controller of the examination whereby he has intimated the Principal, Patliputra Medical College and Hospital, Dhanbad for holding of re-examination for oral and clinical in respect of the candidates who have secured more than 70% marks in clinical examination in surgery.

(2.) The fact of the case lies in a narrow compass.

(3.) The petitioner was admitted in the MBBS course in the year 1993 in Patliputra Medical College and Hospital, Dhanbad (hereinafter referred to as 'PMC College'). The petitioner successfully competed and passed her MBBS final Part I examination and thereafter she along with other students appeared in MBBS Part II Examination held in the month of August, 1999. The petitioner was declared successful candidate along with others and the result was published in the newspaper. Thereafter a marksheet was issued by the respondent No. 1 on 9th December, 99. A copy of the result published in the newspaper and the marksheet have been annexed as Annexures 1 and 2 respectively to the writ application. Accordingly the Bihar Council of Medical Registration issued registration certificate in favour of the petitioner after being fully satisfied that the petitioner passed the examination. It is stated that on the basis of the aforesaid provisional certificate issued by the Council when the petitioner went to join her internship at the PMC College she was not allowed to join her internship. The father of the petitioner immediately wrote a letter to the Principal of PMC College to know the reason as to why his daughter has not been allowed to join internship. The petitioner was then handed over an office order dated 21st December, 99 from the Superintendent, PMC College in which it was intimated that the petitioner will not be allowed to join as per the direction issued by the Controller of Examination till further orders. The petitioner then made a detailed representation before the respondent No. 2, the Chancellor of the University bringing to his notice the entire facts of the case. However, the petitioner could know that an office order dated 12-12-99 was issued by the respondent No. 4 i.e. Controller of Examination to the Principal, PMC College intimating him that the candidates who have obtained more than 70% marks in clinical examination in surgery will not be allowed to join to complete their internship and they will have to undergo a fresh examination for the oral and clinical. The petitioner, therefore, contended that the action of the respondents in holding re-examination is absolutely illegal and arbitrary and against the provisions of the Statute of the University and Rules and Regulations.