Chief Justice's Court Case :- SPECIAL APPEAL No. - 9 of 2010 Petitioner :- Kailash Chand Sejwal Respondent :- State Of U.P. Through Secretary, Dept. Of Medical And Others Petitioner Counsel :- Rajesh Pathik Respondent Counsel :- C.S.C.,Neeraj Tiwari Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Writ petitioner – appellant, aggrieved by an order dated 05.12.2009
passed by learned Single Judge in Civil Misc. Restoration
Application No.281149 of 2008 in Civil Misc. Writ Petition
No.38929 of 1996, has preferred this appeal under Rule 5 Chapter
VIII of the Allahabad High Court Rules, 1952.
Writ petitioner – appellant (hereinafter referred to as the
‘petitioner’) offered his candidature in the category of scheduled
caste for admission to the M.B.B.S. Course. He appeared in the
Combined Pre Medical Test, 1996 and was selected. When the
petitioner was denied admission, he preferred writ application.
This Court by interim order dated 13.01.1997, directed for his
admission in the M.B.B.S. Course.
One wonders as to why the petitioner did not take admission in the
light of the aforesaid order. Thereafter, the writ application came
up for consideration on 11.12.2007, and on the said date the Court
passed the following order :
“The writ petition was filed for issuing a writ of mandamus
commanding the respondents to admit the petitioner to MBBS
Course in S.N. Medical College, Agra. The writ petition was filed
in the year 1996. Opposite party no.5 was directed to admit the
petitioner to MBBS 1 year. It appears that the petitioner on the
basis of the interim order was admitted and by now he must have
completed his studies. As such, there is no grievance of the
petitioner. The writ petition has become infructuous and is hereby
dismissed. No order as to costs.”
Thereafter, an application for recall of the aforesaid order was
moved, which has been refused by the impugned order. While
doing so, the learned Single Judge has observed as follows :
“In my opinion, relief sought by petitioner at this stage cannot be
granted. If petitioner was having any grievance when the order
was passed by this Court dated 13.01.1997, he should have
approached this Court by way of filing an application or by filing
a contempt petition before the contempt court. Not doing so, now
at this stage, whether after a lapse of 11 years a person can be
given admission which was held in the year 1996. The contention
of petitioner that he is still ready and he should be given
admission in the medical college as his form was complete, cannot
be accepted at this stage now.”
We are in total agreement with a view of the learned Single Judge
that in case the interim order dated 13.01.1997 directing for
admission was not obeyed, the petitioner had remedy to get the
interim order enforced by resorting to contempt proceeding. The
learned Single Judge is right in observing that direction for
admission to the M.B.B.S Course on the basis of the examination
held in the year 1996, is not fit to be granted after a lapse of long
eleven years.
We are of the opinion that the consideration of the matter by
learned Single Judge does not suffer from any error, calling for
interference in this appeal.
We do not find any merit in the appeal, and it is dismissed
accordingly.
Order Date :- 7.1.2010
VMA
(C.K. Prasad, C.J.)
(Pankaj Mithal, J.)