- (1.) RAJIV Sharma, J. Heard Sri Sandeep Dixit, Counsel for the petitioner, Sri D. K. Upadhyaya, appearing for the King George's Medical University and State Counsel.
(2.) AGGRIEVED by the order dated 8. 5. 2006, passed by the Vice Chancellor, King George's Medical University [now known as "chhatrapati Sahuji Mahraj Medical University"] whereby the MBBS degree of the petitioner has been cancelled as also the admission in M. S. General Surgery, the petitioner has filed the instant writ petition. The petitioner has also sought a direction against the University for permitting him to appear in the examinations of M. S. General Surgery. Before filing the aforesaid writ petition, the petitioner has filed writ petition No. 2293[ms] of 2006 for quashing of the suspension order dated 20. 4. 2006 and other consequential reliefs. Brief facts of the case are, that the petitioner applied as Scheduled Caste and Ex-Army candidate in the Combined Pre Medical Test conducted by the Bundelkhand University, Jhansi and was declared successful. He was given admission in King George's Medical College, Lucknow in the year 1992. After completion of Internship and House Job, the petitioner appeared in Post Graduate Examination and after some initial hassles; he was allotted M. S. General Surgery. The petitioner had completed two years post graduate course and while pursing third year M. S. General Surgery, he was placed under suspension by the order dated 20. 1. 2006 and by the order/notice dated 24. 1. 2006 the petitioner was expelled for a period of three years by the Vice Chancellor.
(3.) THE aforesaid orders/notices were challenged by the petitioner in writ petition No. 443/ms/2006 which was taken up on 1. 2. 2006. As the Counsel for the University made a statement that the notice dated 24. 1. 2006 has been withdrawn, therefore, the writ petition was dismissed. On 6th March, 2006, a charge-sheet was issued against the petitioner in which 4 charges were levelled against the petitioner which were with regard to the caste certificate, High School Certificate, misappropriation of assets and incident of arson and vandalism said to have taken place on 11. 1. 2006/12. 1. 2006.;