LAWS(SC)-1993-4-39

SHARWAN KUMAR MAMTA RANI SHILPI GULATI PUNEET SARDANA SAURABH MATHUR NEERAJ LALWANI SUNITA B S YOGENDRA SINGH SUDHIR KUMAR ANUJ GUPTA PREETI KAUSHIK VIRENDRA PRATAP SINGH SANDEEP KANSAL RAHUL DUA ASHOO SURENDER GARG Vs. DIRECTOR GENERAL OF HEALTH SERVICES:DIRECTOR GENERAL OF HEALTH SERVICES:DIRECTOR GENERAL OF HEALTH SERVICES:DIRECTOR GENERAL OF HEALTH SERVICES:DIRECTOR GENERAL OF HEALTH SERVICES:DIRECTOR GENERAL OF HEALTH

Decided On April 30, 1993
SHARWAN KUMAR Appellant
V/S
DIRECTOR GENERAL HEALTH SERVICES Respondents

JUDGEMENT

(1.) In W.P. (C) No. 176/93. In pursuance of the order passed by this Court on 11.12.1992 in W.P. No. 443 of 1992, etc., the petitioner was allotted a seat in MBBS course against the All-India quota for the year 1991 in B. J. Medical College, Ahmedabad by the Director-General of Health Services by a letter dated 18.12.1992. The petitioner was required to report to the Director, Medical Education, Govt. of Gujarat, Ahmedabad on or before 4.01.1993 for admission to the MBBS course. In accordance with the said direction the petitioner deposited the fees for admission at B. J. Medical College, Ahmedabad on 2.01.1993, after obtaining the eligibility certificate from the Registrar, Gujarat University. The grievance of the petitioner is that eligibility certificate has been withdrawn by letter dated 15.01.1993 which was received much later by the petitioner and on that basis the admission of the petitioner to the MBBS course has been cancelled.

(2.) Having heard learned counsel for the petitioner and Shri S. K. Dholakia, the learned counsel for the respondent, we are of the view that the withdrawal of the eligibility certificate that was issued to the petitioner cannot be upheld and the cancellation of admission of the petitioner to the MBBS course on that basis must be quashed.

(3.) The writ petition is, therefore, allowed and impugned order of withdrawal of the eligibility certificate granted to the petitioner and the consequent cancellation of his admission to the MBBS course in B. J. Medical college, Ahmedabad quashed and it is directed that the petitioner shall be given admission to the MBBS course in B. J. Medical College, Ahmedabad on his reporting to the Principal of the said college on or before 10.05.1993. As regards the attendance of the classes and examinations, the petitioner will have to abide by the directions that are given by the college authorities in that regard. No order as to costs.