Amarendra Nath Varma, J. - (1.) The petition is directed against an order dated August 13, 1985 passed by the Principal of the Motilal Nehru Medical College, Allahabad, cancelling the admission of the Petitioner to the Diploma Course in Orthopaedics.
(2.) These are the relevant facts. The Petitioner did his MBBS Course from the Allahabad Medical College in 1982. After doing internship he joined House Job in Orthopaedics in July 1983. He was an aspirant for admission to the M. S. Course in the specialty of Orthopaedics against 75% seats which were under the then prevalent rule to be filled up on the basis of institutional preference. However, in the case of Dr. Pradip Jain and Ors. reported in 19S4 Ed. Cases 237, their Lordships ruled that institutional preference in Post Graduate Courses of study should not exceed 50%. This decision effected the chances of admission of the Petitioner and four others who approached the Supreme Court by way of a petition which was fiscally disposed of by a judgment and order dated May, 1, 1985 whereby the State Government was directed to admit the Petitioner and the four others in the M.S. Course in their respective specialties in the Respondent college for the academic session 1985.86 failing which in any of the five other medical colleges. Pursuant to this the Director, Medical Education and Training, Lucknow passed an order admitting the Petitioner to the M.S. Course in Orthopaedics in the B.R.D. Medical College, Gorakhpur. In compliance with this order a letter of appointment was issued by the Principal of the B.R.D. Medical college, Gorakhpur, on July 22, 1985. However, when the Petitioner went to the Department of Orthopaedics with the letter of appointment, a group ol hostile students led by the President of the Junior Doctors Association of B.R.D. Medical College forcibly took him to the officers' hostel and allegedly manhandled him and threw away his belongings from the room where he was staying with a warning that he should leave the Gorakhpur Medical College at the earliest and should give up the idea of pursuing studies there The Petitioner took refuge that night in a hotel in the Gorakhpur city. On July 23, 1985 again when the Petitioner went to deposit the fees and join the department a similar treatment was meted out to him. He was again dragged to the officers' hostel and was manhandled by the leaders of the students' union of the said medical college. He was forcibly boarded in a bus bound for Allahabad and thus the Petitioner returned to Allahabad. Hoping that tempers must have cooled down during a week or so since the night marish episodes faced by the Petitioner he returned to Gorakhpur again on August 2, 1985 and managed to deposit his fees on that date. On August 3, 1985 when he went to the Orthopaedics Department he was again taken to the officers' hostel by force and was severely abused and beaten and was confined in the hostel up to 6 P. M. without any food or water. Thereafter he was brought to the Gorakhpur Railway Station and was forcibly boarded in a train bound for Allahabad. By means of a letter dated August 5, 1985 the Petitioner brought these facts to the notice of the Head of the Department of Orthopedics, the Director of Medical Education and the Senior Superintendent of Police and District Magistrate of Gorakhpur but to no avail. The letters went unheeded and no protection was offered to him nor was any assurance given that the Petitioner would be permitted to pursue his studies at Gorakhpur.
(3.) In view of the facts mentioned above, the Petitioner states, he wrote two letters on August 6, 1985 one to the Principal Motilal Nehru Medical College and the other to the Principal B.R.D. Medical College, Gorakhpur saymg that in continuation of his letter dated August 6, 1985 he wished to inform that he had no option because of the peril and danger to his life at Gorakhpur but to discontinue his studies in the M.S. Orthopedics course at Gorakhpur. He said in this letter "I, therefore, give up my studies in M.S. Orthopedics in B.R.D. Medical College, Gorakhpur ". He also said in this letter that he had requested the Principal M.L.N. Medical College, Allahabad not to send his records to the B.R.D. Medical College, Gorakhpur. To the same effect another letter was written to the Principal M.L.N. Medical College, Allahabad on August 14, 1985 in response to which the Principal of the M.L.N. Medical College passed the impugned order, the relevant portion of which is quoted hereunder: As regards your continuing as Diploma student at M.L.N. Medical College, Allahabad, you cannot simultaneously be a student of two different Universities situate at the distance of 200 miles, whereas once you have joined your course at the Medical College, Gorakbpur, you have ceased to be a Diploma student of this medical College. " .;