Chandrachud, C. J. - (1.) This appeal, with its long and labyrinthian history, sums up how the process of law can frustrate rather than further the cause of justice. The appeal portrays the resolute story of a medical graduate who has been trying over the past eight years to obtain a post-graduate qualification. Law has both helped and hindered him in that quest. His name is Vishan Kumar Agarwal.
(2.) This appeal is filed by the Principal, King George's Medical College, Lucknow, against the judgment of the Allahabad High Court dated March 27, 1980. Respondent No. 1 is Dr. Vishan Kumar Agarwal, while respondent No. 2, who supports him is the Head of the Department of Physiology of the Medical College. In a writ petition filed by Dr. V. K. Agarwal under Article 226 of the Constitution, the High Court issued a mandamus asking the appellant to declare the result of the examination for the degree of M. D. (Physiology) for which the petitioner had appeared in July 1977. We will refer to Dr. V. K. Agarwal as 'the respondent'.
(3.) The question which arises in this appeal is whether the respondent possessed the requisite qualification for being admitted to the course of study for the degree of Doctor of Medicine of the Lucknow University. Having passed the M. B. B. S. Examination of the Lucknow University in July 1971, the respondent completed one year's rotating compulsory internship. whereupon he was registered as a medical graduate by the State Medical Council. In August 1972, he was appointed as a Medical Officer in the Civil Hospital at Lucknow which is approved by the Medical Council for compulsory internship.;