RAKESH CHANDRA SAHAY VERMA Vs. MITHILA UNIVERSITY

JUDGEMENT

(1.) The 2nd M.B.B.S. March, 1978 Examination of the Mithila University commenced in July, 1979, 11-7-1979 was the date fixed for the examination of the paper in Preventive & Social Medicines (theory). On account of disturbance in the examination hall the Centre Superintendent cancelled the examination. The petitioners want that the cancelled examination should be re-held. They pray that this Court should direct the respondents to hold the Preventive & Social Medicines (theory) examination of the 2nd M.B.B.S. March, 1978 (Annual) Examination of the petitioners at the earliest.

(2.) It may be necessary to give the facts in a little more detail. As to what happened on 11-7-1979 can be gathered in this case from the report of the Dr T. N. Jha, Principal and Centre Superintendent, Darbhanga Medical College Centre dated 11-7-1979. Statements made in the petition or in the counter-affidavit cannot be preferred to this report. In the report aforesaid the Centre Superintendent informed the Vice-Chancellor that the examination started peacefully at 10 A.M. After the questions were distributed a few students started shouting in the examination hall. This was followed by a large number of students leaving their seats and protesting against stiffness of the question paper. This led to a state of confusion. Some of the students tore the question papers and answer books. In the words of the Centre Superintendent "in the melee that prevailed it was difficult to control the situation Even a sizeable number of wilting students were not permitted to sit and appear at the examination." (Underlining is mine). In this situation the examination had to be cancelled. It was also pointed out in the letter that the conduct of examination in the college campus was not possible. Consequently, it was suggested that the next examination due on 19-7-1979 should be shifted to P. G. Department in the University campus.

(3.) It appears that a representation was submitted to the Chancellor by the students requesting that the cancelled examination be reheld. The decision of the Chancellor was communicated under Annexure-4 dated 22-9-1979 to the effect that the University should conduct re-examination in Preventive and Social Medicines (theory) of all the examinees of the batch at an early date. This decision was however reversed subsequently (Annexure 5). Finding that the University was not going to hold the re-examination in the cancelled paper in Preventive and Social Medicines (theory) the petitioners moved this Court in C. W. J. C. 3428/1979. While the said writ application was pending the result of the 2nd M.B.B.S. examination March, 1979 was declared and a date was fixed for July, 1978 examination (supplementary). This it is stated in the petition, was also challenged in C.W.J.C. 3428/1979.