- (1.) By means of instant petition, under Art. 226 of the Constitution of India, the petitioner beseeches this Court to command the respondents to admit him in the I year M.B.B.S. Course of the year 1989-90 at the Institute of Medical Sciences, Banaras Hindu University, Varanasi (hereinafter called the Institute), against the five supernumerary seats reserved for bona fide students of Degree Course of Banaras Hindu University (hereinafter referred to as the University), treating him to be such a bona fide student.
(2.) Sometimes in February, 1989, the Institute notified holding of Combined Competitive Entrance Examination 1989 leading to admission to its I year M.B.B.S. Course of 1989-90 and issued an Information Leaflet containing the requisite informations with regard to date of receipt of application form, date of examination, eligibility requirements, place of examination, number of seats, mode of filling the application form, syllabus, papers and evaluation etc. According to Information Leaflet, last date for receving the complete application form in the office of the Controller of Examination of the University was 11/03/1989 and the date of examination was 4/06/1989. However, the examination actually took place on 22/10/1989. The petitioner submitted the application form on 27/02/1989 and along therewith, according to him, he also submitted a certificate obtained from the Faculty of Science, issued in the second week of February, 1989, showing that he was a bona fide student of Faculty of Science of the University as he was claiming benefit of being bona fide student of the University for the purposes of admission against the five supernumerary seats reserved for bona fide students of Degree Course of the University. The petitioner was permitted to appear in the examination held on 22/10/1989. By means of communication dated 15/12/1989, the petitioner was informed that his name found place in the waiting list under Banaras Hindu University category candidates to be considered for admission against five supernumerary seats reserved for bona fide students of the Degree Course of the University. This communication called upon the petitioner to comply with certain requirements contained therein. One of the requirements was submission of certificate in the pro forma enclosed therewith testifying that the petitioner was a bona fide student of Degree Course of the University. According to the petitioner he obtained the certificate of his being bona fide student of the University from the Dean of Faculty of Science on 29/12/1989 and submitted the same. The petitioner asserts that he met Deputy Registrar in the evening of 1/01/1990 and was informed that the Director of Institute had refused to admit the petitioner due to shortage of attendance in his B.Sc. Part III course. The petitioner is aggrieved by the refusal to admit him on the ground of shortage of attendance. Hence this petition.
(3.) Relying upon the decision rendered by a Division Bench of this Court in the case of Km. Leena Gupta v. Institute of Medical Sciences, Banaras Hindu University, Varanasi, reported in (1989) 1 UPLBEC 619, Sri Mool Behari Saxena, learned counsel for the petitioner, made, in substance, following two submissions to assail the refusal to admit the petitioner in the aforesaid M.B.B.S. Course:- (a) that the respondents erred in not treating the petitioner to be a bona fide student of Degree Course of the University on the ground of shortage of attendance in as much as the attendance cannot be taken to be a relevant factor in determining the factum of petitioner's being bona fide student of Degree Course of the University; and (b) that, in any case, the respondents, having accepted the application form of the petitioner and having permitted him to appear in the entrance examination, and also having notified him that his name figured in the waiting list of candidates for admission against five supernumerary seats reserved for bona fide student of Degree Course of the University cannot be allowed to deny admission to the petitioner on the ground that he was not a bona fide student of Degree Course of the University.;