HARBAKSH SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) WE have heard Mr. M.K. Bhardwaj, learned senior Advocate, along with Mr. Ajay Abrol, Advocate, representing the appellant as well as Mr. K.S. Johal, learned Additional Advocate General and Mr. D.S. Thakur, advocate, appearing for the respondents, in extensor.

(2.) THIS appeal is directed against the judgment and other dated 27 -2 -2003 propiunded by learned Single Judge in SWP No. 433/2002, entitled Dr. Harbaksh Singh & others Versus State of J&K & others. By the aforesaid judgment and order, the learned Single Judge held that the admission of the petitioner to the MD Anaeshthesia was fraudulent and he was a party to the fraud, so cannot be permitted to say that he was entitled to hearing before his admission came to be cancelled and therefore, not entitled to any relief, and dismissed the writ petition with costs.

(3.) FACTS relevant for the disposal of this letters patent appeal in resume may be noticed. After the issuance of the select list of the Entrance Examination for admission to various courses in the State of Jammu and Kashmir held on 31st December, 1995 and 1st January ,1996 unsuccessful candidates including the petitioner filed various writ petition to press their claim for admission to various courses. The appellant/petitioner also approached the court through writ petition being SWP No. 1742/1999 in alleging that no seat has been allotted under Sports category by the competent Authority. The court in disposing of the writ petition, issued a direction to the competent Authority to fill up the seat in sports category, of course, considering the merits of the candidates, who appeared in the Entrance Examination. Dr. Vipin Mangotra, on account of his merit in Sports category being at Serial No. 1, was given admission in MD Anaeshthesia, whereas seat in Diploma in Anaeshesia was allotted to the writ petitioner/appellant, who was at Serial No. 2 in the merit Subsequently, Dr. Vipin Mangotra was granted admission in post -Graduation in Radio Diagnosis in pursuance ot a direction of the Supreme court in SLP filed by Dr. Vipin Mangotra. In a civil Appeal No. 4935 of 2000 field by Dr. Vikrant Parihar, the Apex court in taking note that no post -Graduation Entrance Examination was held after 1995 -96 and the candidates, who participated and passed MBBS in the said Entrance Examination, continued to get admission for the candidates, who passed the MBBS Examination after 1996 to compete and pursue post -Graduate courses in various disciplines of medicine, issued the following direction: (i) The competent authority shall conduct an entrance examination for selection of Doctors for admission to post Graduate Degree and Diploma courses in different disciplines in the Medical College in the State of Jammu and Kashmir on the basis of their merit, (ii) All eligible candidates whether in the earlier selection list or not shall be entitled to take part in the said entrance examination. (iii) Rules relating to reservation of seats to the extent permission in law and applicable, shall be respected by the authorities at the time of making selections and admission. The Apex court, however, did not disturb the admission already granted to the candidates and continuing with their post -