K.N.SINGH, J. - (1.) By means of this petition under Art.226 of the Constitution, the petitioners, who are four in number, have claimed relief for the issue of a writ of certiorari quashing the order of the Principal, S. N. Medical College, Agra, dt. 6-6-1981 expelling the petitioners from the College and debarring them from appearing in subsequent examinations and also for quashing the order dated 6-6-1981 terminating the services of petitioners Nos. 3 and 4.
(2.) All the four petitioners were post graduate students of S. N. Medical College, Agra, affiliated to the University of Agra. Dr. Satish Kumar Agarwal, petitioner No. 1 completed his M.B.B.S. Examination and thereafter he was carrying on his study for Diploma Course in Tuberculosis and Chest Diseases (D.T.C.D.). Dr. Ashok Kumar petitioner No. 2, was Post-Graduate student for M.D. Dr. Pradeep Kumar Srivastava and Dr. Rakesh Garg both were students for Master of Surgery. They were also employed as Demonstrator in Anatomy and Social and Preventive Medicine Department of the College. Dr. Satish Kumar Agarwal, petitioner No. 1, was the President, while Dr. Ashok Kumar Agarwal, petitioner No. 2, was Secretary, and Dr. Pradeep Kumar Srivastava, petitioner No. 3, was Vice-President of the Junior Doctors' Association in Sarojini Naidu Medical College and Hospital, Agra. Dr. Rakesh Garg, petitioner No. 4 was a member of the Association.
(3.) The petitioners have asserted that the Junior Doctors' Association made a written complaint against Dr. B. D. Sharma, Head of the Department of Surgery, S. N. Medical College, Agra, for his irregularities committed in the matter of appointment of Pool Officers. The complaint further alleged that Dr. B. D. Sharma was guilty of serious negligence and neglect of duty inasmuch as while operating a patient Sahab Singh he had left a scissors in his abdomen which was subsequently noticed and removed by the doctors at Balrampur Hospital, Lucknow. On account of this complaint, Dr. B. D. Sharma, Professor and Head of the Department of Surgery, was annoyed with the petitioners who were office bearers and members of the Junior Doctors' Association, and also with students of M.B.B.S. Class. In the Examination days (sic) a number of students were declared unsuccessful in the papers of Surgery of which Dr. Sharma was examiner. It appears that on 18-2-1981 some of the members of Junior Doctors' Association made a demonstration against Dr. B. D. Sharma and gheraoed him. It is alleged that they entered the operation theatre room of Dr. B. D. Sharma, abused him and threatened to beat him on his coming out of the operation theatre. Dr. B. D. Sharma made a written complaint to the Principal wherein he named the petitioners and several other persons. On May 1, 1981, the Principal issued charge-sheet to each of the petitioners on identical facts. The charge contained in the notice alleged that on 18-2-1981 at about 11.30 A.M. the petitioners along with other persons had entered the operation theatre room of Dr. B. D. Sharma and there they had abused him, threatened him and obstructed him in the performance of his duty and thus they were guilty of grave misconduct and breach of discipline. The petitioners filed their reply denying their participation in the incident.;