SURINDER KOUL Vs. STATE OF J&K

JUDGEMENT

(1.) NOTICE of show -cause was issued to the respondents on 20 Jan. 1993. After the objections were filed on 3rd Feb. 1993, the parties agreed that this petition could be disposed of finally at the motion hearing stage without formally admitting it. It is on the basis of this agreement between the parties that this petition is being disposed of finally at this stage without being formally admitted to hearing.

(2.) THE petitioner passed MBBS, Final Professional Examination Part -II in the year 1987. He was on that basis eligible and qualified for selection to the Post Graduate Course of M. S. Entrance Examination whereof was conducted by the Competent Authority, Entrance Examinations, J&K. Govt. Jammu. In fact Notification No. 2/PG/CAEE of 1992 dated 24 April 1992 was issued by the Competent Authority Entrance Examinations whereby applications were invited from eligible candidates for admission to entrance test for the various post graduate courses in the Govt. Medical Colleges at Jammu and Srinagar. The last date for submission of the applications forms as per this Notification was 27 July 1992. An information brochure with regard to this entrance examination was also issued by the competent authority. In this Brochure, "eligible candidates" were defined to mean the candidates who fulfill the eligibility requirements as laid down, and "incomplete form" meant the form which was lacking in any documentary proof or was wrongly filled or gave incomplete or false information of any kind. Clause 46 of the Information Brochure contained a stipulation that a candidate with more than two failures in MBBS was not eligible for admission to the Post Graduate MD/MS/Diploma Course. According to clause 6.7 certificate from the concerned University indicating numbers of attempts in which the candidate had cleared various professional examinations was required to be attached along with application form to be submitted by the candidate. An application form which was incomplete, as per the definition given above, viz., which inter -alia was lacking in any documentary proof, was as per clause 8 2 of the Information Brochure was to be summarily rejected. In fact the crisp and clear wording of clause 8.2 may be reproduced below: -

(3.) THE stand and defense which the respondents have raised in answer to the show -cause notice is reflected in the reply filed by the competent authority, respondent No. 2 in the petition supported by the affidavit of Mr. B. A. Shah, Registrar, Competent Authority, Entrance Examinations J&K Jammu. The submissions of the respondents are that the entrance examination commenced on Oct. 18, 1992, the petitioner was required to produce the "attempts certificate" by or before Oct. 26, 1992 and as per his own admission, he produced the certificate on 23rd Dec. 1992. It is admitted that the result was declared on Jan. 11, 1993, but because the petitioner had failed to produce the certificate, as undertaken, by him by or before 26th Oct. 1992, he was not entitled to be included in the list of successful candidates. Reliance is placed by the respondents upon an affidavit filed by the petitioner on Oct. 16, 1992 before the Competent Authority wherein he actually undertook to produce the "attempts certificate" within one week commencing from 19 Oct. 1992.