HARI PRAKASH SAHNI Vs. PRINCIPAL S N MEDICAL …

JUDGEMENT

(1.) THIS is a writ petition filed by Hari Prakash Sahni under Article 226 of the Constitution of India for issuance of a writ of mandamus to the Principal Dr. S.N. Medical College, Jodhpur, to the State of Rajasthan and to the University of Rajasthan to deliver the degree of M.B.B.S. and internship and character certificates to the petitioner.

(2.) THE brief facts giving rise to this writ petition may be narrated as follows : Hari Prakash Sahni petitioner was admitted to the MBBS Course at Dr. S.N. Medical College Jodhpur, against one of the seats reserved for the scheduled caste candidates. He completed course of studies prescribed by the University of Rajasthan Jaipur and appeared in the M.B.B.S. final Examination in December, 1975 and was declared successful. The University of Rajasthan therefore issued a provisional certificate marked Annexure 2 to the petitioner. After passing his M.B.B.S. final Examination the petitioner underwent compulsory Rotating House -manship for a period of 12 months as required by Order 268D of the Rajasthan University Orders. Thereafter, the University conferred the M.B.B.S. degree on the petitioner. As the petitioner could not attend the convocation address held by the University his M.B.B.S. degree was not delivered to him at the time of Convocation address and it was sent to the Principal Dr. S.N. Medical College Jodhpur for delivery to the Petitioner vide University -office letter No. Examinations VI/Degree -75/1757 dated 5 -2 -77. The Principal Dr. S.N. Medical College Jodhpur, however, refused to deliver the M.B.B.S. degree to the petitioner on the ground that the Police has submitted a charge sheet against the petitioner in a criminal Court for obtaining admission to the Medical College by misrepresentation and that the degree and the certificates cannot be delivered to the petitioner during the pendency of the criminal case. The petitioner approached the Health Minister of the State of Rajasthan and requested him to issue necessary directions to the Principal to deliver the character certificate, internship completion certificate and the M.B.B.S. original degree to the petitioner, and the Health Minister was pleased to pass an order on 22nd July 1977 directing the Medical and Health Secretary to arrange for delivery of the said documents to the petitioner. Despite the order of the Health Minister and despite requests and representations made to the Principal, Dr. S.N. Medical College Jodhpur in this behalf, the petitioner could not get his degree and certificates from the Principal. Hence the petitioner had no other option but to invoke the extra -ordinary jurisdiction of this Court by way of this writ petition. In support of the writ petition the petitioner put in his own affidavit. The writ petition was admitted by this Court on 19 -3 -79 and notices were issued to the non -petitioners. On behalf of the non -petitioners Nos. 1 and 2 Mr. M.D. Purohit Additional Government Advocate has put in his appearance while Mr. N.N. Mathur has appeared on behalf of the University of Rajasthan. Today Mr. Bhagwati Prasad has filed an application on behalf of one Vijay Raj that he may be impleaded as an intervenor in the writ petition and may be awarded an opportunity of being heard. The application was rejected because it was not shown how Vijayraj was interested in the subject -matter of the writ petition. Hence no question of affording Vijayraj an opportunity of being heard does arise. It will not be out of place to mention that Mr. M.D. Purohit appearing on behalf of non -petitioners Nos. 1 and 2 and Mr. N.N. Mathur learned Counsel for the University of Rajasthan Jaipur have not filed any reply to the writ petition. Hence I heard the learned Counsel for the parties and perused the record.