Dua, J. - (1.) This appeal has been presented to this Court pursuant to a certificate granted by the Patna High Court under Article 133 (1) (c) of the Constitution.
(2.) The appellant, Aditya Kumar Singh, passed the B. Sc., Part I examination of the Bhagalpur University from the I. N. B. College in 1964 with Chemistry, Botany and Zoology as principal subjects and Physics as an extra subject. In 1967 he passed the B. Sc., examination of he Magadh University with Honours in Zoology. Thereafter he applied for admission to the Rajendra Medical College, Ranchi. Along with his application he attached a marks sheet of the B. Sc. Part I examination of the Bhagalpur University, purporting to have been issued to him by that University as also the marks sheet of B. Sc., (Hons) examination of the Magadh University. In March, 1968 he was admitted to the First Year of the M. B. B. S. Course of that College. On January 21, 1969 the appellant was served with a notice dated January 20, l969 from the Principal of Rajendra Medical College, Ranchi calling upon him to show cause why his name should not be struck off the College rolls on the ground that the marks sheet of B. Sc., Part I examination submitted by him along with his application for admission to the College was not genuine and that he had gained admission to the College by fraudulent means. The reply to this notice was required to be submitted latest by January 27, 1969. The appellant sent his reply on February 1, 1969. This reply was not considered satisfactory and on February 4, 1969 the Principal of the College informed him accordingly, adding that from the record of marks received from the University of Bhagalpur it had been found that the appellant had not passed in Physics which he had offered as an extra subject in the B. Sc., Part I examination and as such he did not satisfy the minimum qualification laid down for admission to the College, with the result that he could not be allowed to continue his studies in the College. If the appellant had any further representation to make he was asked to do so by 11 a. m. on February 12, 1969. The Principal of the College passed an order on February 27, 1969 striking off the appellant's name from the College roll. On March 11, 1969 the appellant filed in the Patna High Court an application under Article 226 of the Constitution (W. P. 219 of l969, D/- 8-12-1969 (Pat) ) for a writ of certiorari praying for quashing the order of the Principal dated February 27, 1969 and for a writ of mandamus commanding the Principal not to enforce the said order and also not to interfere with the appellant's right to prosecute his studies in the Rajendra Medical College The appellant impleaded in this writ petition the Principal of Rajendra Medical College as respondent No. 1 and the State of Bihar through Secretary, Department of Health as respondent No. 2. Neither respondent filed any counter-affidavit and respondent No. 1 was not even represented by a counsel. The facts stated in the writ petition were accordingly taken by the High Court as correct. This writ petition was allowed by a Division Bench of the Patna High Court on December 8, 1969. The final conclusions of the Court were expressed by Wasiuddin J. in these words: "On a consideration of all these facts, it is abundantly clear that there was a violation of the principle of natural justice and the petitioner had not been given full opportunity of placing his case and the petitioner must have also found himself bewildered by the receipt of the order dated the 27th February, 1969 when the second show cause notice showed that action was being taken only on account of the petitioner not satisfying the minimum qualification for admission into the Rajendra Medical College. There can be no doubt that action could have been taken against the petitioner if it had been found that the petitioner was responsible for the inflation and interpolation of the marksheet, but for this there should have been due and proper inquiry in which the petitioner should have been given full opportunity of being heard. But it appears that no such opportunity was given and there was thus a violation of the principle of natural justice. In this connection, I may also refer here to two decisions, one of which is of Supreme Court reported in the case of Board of High School and Intermediate Education, U. P. Allahabad v. Ghanshyam Das Gupta, (AIR 1962 SC 1110) where the petitioner of that case had been debarred from appearing at the examination and it was held that the authorities had violated the principle of natural justice. There is also a Division Bench decision of our High Court (AIR 1964 Pat 291) -Ajit Singh v. Ranchi University-in this connection which no doubt is also in respect of examination, but there also the same principle as laid down in the Supreme Court decision has been followed". It appears that the Principal of the Rajendra Medical College had made routine enquiries from the Assistant Registrar of the Bhagalpur University about the marks obtained by the students admitted in the College who had passed the B. Sc., Part I examination from that University. On December 12, 1968 the Assistant Registrar of that University wrote to the Principal in reply to his letter of 3rd December, 1968 stating inter alia that Shri Aditya Kumar Singh (the appellant) had secured 5 marks in Physics practical and not 15. This statement was stated to have been verified by the Assistant Registrar (Shri H. N. Rai) and Dr. R. P. Singh of Rajendra Medical College. It may be recalled that the appellant had been required in the Principal's letter of February 4, to make whatever further representation the appellant desired to make by February 12, 1969. Presumably after waiting till February 12, the Principal on February 13, 1969 requested the Assistant Registrar of Bhagalpur University to hold further investigation in the matter of marks obtained by the appellant. On February 22, 1969 the Assistant Registrar wrote back to the Principal the following letter: "Dear Dr. Mitra, With reference to your D. O. letter No. 958/RMC dated the 13th February, 1969 I am to inform you that necessary investigation into the matter has been made. It has been verified and found that Shri Aditya Kumar Singh Roll Bhag. No. 340 (a candidate for the Annual B. Sc., Part I examination, 1964) obtained only 5 (five) marks in Physics practical and not 15 (fifteen) as stated previously. Yours sincerely, Sd/H. N. Rai Assistant Registrar". It appears that the first M. B. B. S. Examination was to begin on November 21, 1969. On October 9, 1969 the Principal forwarded the appellant's form for admission to that examination along with his fee. The Principal, however, did not append his signatures on the form. He stated his reasons for not doing so in the covering letter in which he wrote: "It was apparent from the marksheet that he had passed in Physics also. Subsequent to this he passed B. Sc., Final Examination from Bihar University in the year 1966 with Chemistry, Botany and Zoology. Thereafter he passed B. Sc., Hons. examination in Zoology in the year 1967 from Magadh University. Since he had passed B. Sc., Hons. in Zoology after having passed B. Sc., I with Chemistry, Biology and Zoology and apparently Physics also he was given preference over B. Sc., I candidates and admitted straightway". After briefly narrating the history resulting in the appellant's name being struck oft, the letter continued "Advice was sought (through the Health Department) from the Standing counsel of Government (in the absence of the Advocate General) and I have been advised that he should not be debarred from my end from appearing at the examination. I am therefore sending his form and fees but I am unable to certify that he has passed in Physics at B. Sc., I level as is required to be done on the body of the admission form. This is because the very University from which he had appeared at the B. Sc., I Examination has declared that he had not passed in Physics. I am enclosing copies of documents mentioned hereinunder for your perusal and consultation with legal advisors of the University if deemed necessary. I am further to state that he has fulfilled the rest of the conditions which are required to be certified by the Principal on the Admission form". With this letter were also enclosed copies of the writ petition the order of the High Court and the correspondence which had passed between the Principal and the Government on the subject. On receipt of this letter the Deputy Registrar. Ranchi University returned the form on October 28, l969 stating that the appellant could not be permitted to appear at the first M. B. B. S. Examination. Apparently on learning of this position the appellant also wrote to the Principal complaining against his refusal to give to the appellant a "good conduct certificate". The Principal replied to the appellant on November 1. 1969 stating all the facts and denying that he had debarred the appellant from appearing in the first M. B. B. S. Examination. It was explained in this letter that he (the Principal) was unable to certify that the appellant had passed in Physics at B. Sc. Part I level and it was for this reason that he had not signed a certificate to that effect. The Principal repeated his inability to certify that the appellant had passed in Physics. A copy of this letter was forwarded to the Vice-Chancellor, Ranchi University, with reference to the letter dated October 28, 1963 from the Deputy Registrar.
(3.) On November 4, 1969 the appellant filed an application in the Patna High Court for taking contempt proceedings against the Principal of Rajendra Medical College. On November 14, 1969 a Division Bench of the Patna Ash Court considered this application but found no justification for contempt proceedings against the Principal. It, however, directed the Principal to certify to the University that the appellant had Passed B. Sc. Part I Examination in Physics as shown from the College record. It was added that since the matter of the appellant having Passed the B. Se., Part I Examination in Physics was under investigation it should also be noted that the certificate must be deemed to be provisional and in case it was established that the appellant had not passed the B. Sc.. Part I examination in Physics then his admission to the First M. B. B. S. Examination of Ranchi University would be treated as cancelled. After this order the Principal on November 20, 1969 sent to the Vice-Chancellor. Ranchi University the appellant's form with his certificate as directed by the High Court along with a copy of that Court's order.;