NAZIM SHAMEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the order of the State Government contained in memo no. 454 (17) dated 6.6.2002 of the Examination Controller, Health Services, Bihar cancelling his admission to the M.S. (General Surgery) course for the session 1998 -2001, and the consequential order of the Dean, Faculty of Medicines, Patna University contained in memo no. MF/599 dated 7.6.2002 directing the petitioner to refund the amount of stipend received by him during the period of his studies as M. S. student. The said two orders are at Annexure -1 to the writ petition.

(2.) THE case of the petitioner is as follows. The petitioner appeared at the All India Competitive Entrance Examination for the Post -Graduate Medical Course for the session 1996 -99. He was selected for Such admission and allotted M.D, Anaesthesiology) course in Motilal Nehru Medical College, Allahabad where he took admisson. While prosecuting his studies in the Motilal Nehru Medical College, he again appeared at the entrance examinanation for the session 1997 -2000 and he was alloted E.N.T. in the Patna Medical Collage which he did not accept. Again in the year 1998 he appeared at the All India Competitive Examination for the session 1998 -2000. This time he was allotted M.S. (General Surgery) course in the Patna Medical College. He took admission in the said course and coliege on or about 14.4.98. After taking admission he went to Motiial Nehru Medical College and continued his studies in M.D. (Anaesthesiotogy). Afer completing the course there he again came to Patna Medical College and filed application before the Dean, Faculty of Medicine stating that due to "some unavoidable circumstances he did not perform the duties from 4.5.98 to 3.3.99, he wanted to continue the P.G. course (in General Surgery) from March 1999 onwards." His application was recommended by the Prolessor and Head of the Department Dr. A. A. Hai with a condition that the petitioner will work extra ten months before being eligible for appearing in the examination. That was on 11.3.99. The P.G.R.C.endorsed the recommendation of the H.O.D. and accordingly the petitioner was re -admitted in the M.S. (General Surgery) course with effect from 3.3.99. The petitioner in course of time completed the course. A controversy arose about his Guide between (Prof.) Dr. Rajendra Prasad Singh and (Prof.) Dr. A. Q. Siddiqui. The petitioner has made certain allegations against Dr. A. Q. Siddiqui, which it is not necessary to notice in this order. Suffice it to say that the petitioner was alleged to have committed certain acts of indiscipline which led to initiation of disciplinary action against him. At this stage the fact that the petitioner had taken admission in the M.S. (General Surgery) course in the PMCH while he was prosecuting studies in Motilal Nehru Medical College, Allahabad in M. D. (Anaesthesiology) came to light. On 18.3.2002 the P.G.R.C. resolved to suspend the petitioner till decision of the Inquiry Committee vide Principal, Patna Medical College memo no. 1133. dated 18.3.2002. The petitioner appeared before the Inquiry Committee and submitted his explanation. According to the petitioner copy of the report of the inquiry committee was never communicated but he reliably learnt that the Committee took the view that as the case lodged by Dr. Siddiqui was subjudice in the criminal court it was not recording any finding. Even then it was resolved to take action against the petitioner for his taking admission in the P.G. course while he was doing another P.G. course in the other college. The impugned decision was finally taken at the government level and his admission was cancelled.

(3.) IT is not in dispute that the petitioner was prosecuting studies in M.S. (Anaesthesiology) course in the Motilal Nehru Medical College, Allahabad during session 1996 -99. It is also not in dispute that in terms of the prospectus of the Post - Graduate Medical Admission Test (PGMAT) 1999 a candidate already prosecuting studies in Degree or Diploma course on the basis of previous examination was not eligible for admission in another course without quitting the old course. It is further not in dispute that the petitioner at the time of his admission in the Patna Medical College made a false declaration in this regard to the effect that he was not student of any other course (Degree/Diploma) in any institution of India. The case of the petitioner is that he signed the declaration format under "misconception without deleting or crossing the declaration in the prescribed format". It is also his case, vide paragraphs 9 and 10 of the writ petition, that as per the eligibility clause, namely, clause 5 of the Prospectus, there was no restriction that the student pursuing a P.G. Degree or Diploma course in any other University or the same University will not be entitled for admission unless and until he completes the course though there is such condition in the Bulletin of Information of All India Entrance Examination vide clause 6(b) to that effect. The petitioner contends that purpose of putting restriction on dual admission is only to ensure that once student is admitted in a particular course/college he should complete the course before he takes fresh admission. And inasmuch as by 1999 he completed the course in M.D. (Anaesthesiology) in Motilal Nehru Medical College, his admission in M.S. (General Surgery) course in the Patna Medical College in which he was re -admitted for the session 1999 -2002 ought not to be disturbed. This aspect of the case was highlighted by the counsel in course of hearing. !t was submitted that in any case the petitioner has acquired experience and knowledge over period of 3 years. Having almost completed the course he should not be penalized for any mistake committed by him earlier. The court should take sympathetic view of the matter and condone his mistake.