IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No. 9107 of 2009.
Date of Decision : June 08, 2009.
Maninder Hariya s/o Shri Nirmal Hariya, M.B.B.S. 1st Year Student,
Pt. B.D. Sharma, Post Graduate Institute of Medical Sciences,
Rohtak. ...... Petitioner.
Versus.
Pt. B.D. Sharma Post Graduate Institute of Medical Sciences,
Rohtak, through its Registrar, and others. ..... Respondents.
CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.
Present:- Mr. Ashwani Talwar, Advocate,
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL).
In the present case, the prayer of the petitioner is for quashing of
order dated 02.06.2009 (Annexure-P-1), wherein the petitioner has been
ordered to be shifted from M.B.B.S. course of respondent No. 1 i.e. Pandit
B.D. Sharma Post Graduate Institute of Medical Sciences, Rohtak to
M.A.M.C. Agroha.
Counsel for the petitioner contends that this order of his shifting
is not as per the order passed by Hon’ble the Supreme Court as the petitioner
is not a party before Hon’ble the Supreme Court nor has any order been
passed by Hon’ble the Supreme Court directing the transfer of the petitioner.
He on this basis contends that the order impugned herein, cannot be
sustained.
I have heard counsel for the petitioner and have gone through
the records of the case.
C.W.P. No. 9107 of 2009. -2-
One Sudhansu Kumar, a student of B.D.S. was denied
admission in M.B.B.S. course on the ground that as per the terms and
conditions specified in the prospectus, which states that who have joined
Dental or Medical course previously will not have a right to get admission in
M.B.B.S./B.D.S. courses. Sudhanshu Kumar preferred writ petition being
C.W.P. No. 13449 of 2008 before this Court, which was dismissed by this
Court vide order dated 13.08.2008. Thereafter, Sudhanshu Kumar preferred
Special Leave to Appeal (Civil) No. 22949 of 2008, which came up for
hearing before Hon’ble the Supreme Court on 29.09.2008 when Hon’ble the
Supreme Court directed the respondents to keep one seat vacant for the
petitioner. The case, thereafter, came up for hearing on 03.10.2008 when the
following order was passed :-
“For Petitioner(s) Mr. Aditya Sanghi, Adv.
Mr. Akshat Shrivastava, Adv.
Mr. I.J. Yadav, Adv.
For Respondent(s) Mr. Manjit Singh, Adv.
Mr.Kamal Gupta, Adv.
Upon hearing counsel the Court made the following
order :
Heard learned counsel for the parties.
The petitioner appeared for the pre-medical test held on
2008 and secured 46th position for admission in MBBS Course.
But he was denied admission for the MBBS course because in
prospectus it is said that those who have joined the Dental or
Medical Course previously cannot have the right to get
admission in MBBS/BDS Course. In this case the petitioner
herein had got admission for Dental Course in the previous
year and on that ground he has been denied admission. We do
not think that this is a valid ground to deny admission,
respondent No. 2 is directed to admit him to the MBBS course
within a week, if he is otherwise eligible, based on the rank by
him in the entrance exam.
Respondent to file counter affidavit within four weeks.
List the matter thereafter.
Sd/- (Suman Wadhwa) Sd/- (Veera Verma)
Court Master Court Master"
C.W.P. No. 9107 of 2009. -3-
A perusal of the record would show that as a consequence of
the order dated 03.10.2008, passed by Hon’ble the Supreme Court
(reproduced above), Maninder Hariya, the present petitioner before this
Court, who was admittedly lowest in the merit list of General Category
seeking admission to M.B.B.S. course, has been transferred. Since the order
impugned herein Annexure-P-1 is a direct fall out of the order passed by
Hon’ble the Supreme Court, it would be appropriate for the petitioner to
approach Hon’ble the Supreme Court for relief, if any, available to him.
The writ petition stands disposed of with above observations.
(AUGUSTINE GEORGE MASIH)
JUDGE
June 08, 2009.
sjks.