SEEMA CHOUDHARY Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THE petitioner appeared in the Entrance Test in response to the advertisement by the Competent Authority for selection to Medical Courses available in Medical Colleges. The select list of the candidates was declared in November -December, 1996, but the name of the petitioner did not figure in the list. However, the Competent Authority subsequently issued additional list of 20 candidates in order of merit and the petitioner was selected and allotted Jammu Medical College for undergoing Medical Course. She was admitted in the Jammu Medical College in July, 1997. The petitioner appeared in Ist Professional MBBS in the supplementary examination and was declared successful on 22nd June, 1999. It is stated that since there was some back -log against the petitioner after the clearance of Ist Professional Examination, but she was not allowed to appear in 2nd Professional Examination to be commenced on 30 -10 -2000, which compelled the petitioner to approach the Court and prefer a writ petition seeking a direction to the respondents to issue Examination Form, so as to enable her to sit in the 2nd Professional Examination of MBBS Course. The petitioner, however, on the basis of the interim order appeared in the 2nd Professional Examination on 30 -10 -2000 by virtue of the Court order dated 25 -10 -2000. The petitioner was, however, allowed to take part in the examination being held by respondents -1 and 2, which was, however, subject to the decision of the writ petition, vide order dated 30 -10 -2000. Again, the petitioner applied to the Court seeking permission to sit further in the next Examination of MBBS Course and she was permitted vide order dated 14 -08 -2001, provided she is eligible for old Course. In order to sit in the pre -final MBBS Examination, the petitioner filed CMP No.817/2001 and Court vide order dated 06 -09 -2001 permitted her to take part in the MBBS pre -final Examination and allowed the aforesaid CMP. The petitioner was further permitted to sit in the Final Examination on the basis of the order dated 17 -7 -2002 passed by the Court, which too was subject to the outcome of the main writ petition. When the result of the petitioner was not declared and withheld by the respondents -University, she approached the Court by filing CMP No.669/2003 seeking direction to respondents -University for declaration of the result of Final MBBS Course, with a further prayer that in case she has not cleared the Sane.+Obsc paper, she may be allowed to reappear in the said paper, for which the examination is likely to be held in the near future.

(2.) THE Respondents -University in their objections submitted that after clearing the Ist Professional Examination, the petitioner was admitted in 2nd Professional Course, duration of which was 18 months. According to the respondents, as per the statutes, the petitioner would be eligible to appear in 2nd Professional Examination after 19 -12 -2000. She was, however, permitted on the basis of interim order. The petitioner appeared in 2nd Professional Examination on 30 -10 -2000, but her result has not been declared. It is further submitted that the petitioner, after having come to know from her own sources to have not secured minimum pass marks in the paper of Pathology in the 2nd Professional Examination, again approached the Court and she was granted permission to appear in the examination by interim order. It was further contented that unless and until the statute 7.2 struck down, the petitioner could not appear in the 2nd Professional Examination before completing the duration of 18 months in the Course. That the petitioner; being ineligible to appear in the Examination under the statutes, her result was not declared.

(3.) HEARD the arguments and also perused the record meticulously.