C.K.PRASAD,J. - (1.) AGGRIEVED by judgment and order dated 01.04.2008 passed by a learned Judge in Civil Misc. Writ Petition No. 3065 (MS) of 2006 (Dr. Raj Kumar Gupta Vs. Director General, Medical Education and Training U.P. & Ors.) and Civil Misc. Writ Petition No. 2293 (MS) of 2006 (Dr. Raj Kumar Gupta Vs. Director General, Medical Education and Training U.P. & Ors.), respondent no. 2 - Chhatrapati Sahuji Mahraj Medical University, U.P. Lucknow - the appellant, has preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
(2.) PLEADINGS , though voluminous, the facts lie in a very narrow compass. Despite wavering claim, fact of the matter is that the writ petitioner-respondent no.1 (hereinafter referred to as the 'writ petitioner') was admitted in 1992 Batch of the MBBS course on a seat reserved for the members of the Scheduled Caste. After completing the MBBS course, he appeared in the Post Graduate Entrance Examination - 2003 and the marks secured in this examination entitled him to be admitted to M.S. (General Surgery) course on an unreserved seat. At this stage, the writ petitioner changed his colour as he did not require the crutch of Scheduled Caste and to shed its ignominy, declared his caste as "Gupta" for admission in the M.S. (General Surgery) course. He pretended to be a member of the Scheduled Caste category when needed for admission to the MBBS course but shed it off for admission in M.S. course. He was admitted to the M.S. course as a general category candidate. He completed two years of the M.S. course and by order dated 24.01.2006, he was expelled from the Chhatrapati Sahuji Mahraj Medical University, U.P. Lucknow, earlier known as the King George's Medical University (hereinafter referred to as the 'University') for a period of three years. He challenged the said order in Writ Petition No. 443 of 2006 (M/S) and on 01.02.2006, when the case was taken up, a notice dated 31.01.2006 issued by the University was placed before the Court, by which the expulsion of the writ petitioner by order dated 24.01.2006 was withdrawn and the enquiry initiated vide order dated 20.01.2006 was directed to go on in accordance with law and principles of natural justice. Taking note of the aforesaid plea, this Court by order dated 01.02.2006 dismissed the writ petition. Relevant portion of the aforesaid order reads as follows:- "Shri I.B. Singh has brought to the notice of this Court that a Notice No. 118/A (PG)/2006 dated 31.01.2006, written by Prof. U.S. Pandey, Registrar of King George's Medical University, wherein it has been mentioned that "vide Notice No. 108/A (PG) dated 24.01.2006 Dr. Raj Kumar Gupta, Junior Resident 2nd year was expelled from the University for a period of three years. The Hon'ble Vice Chancellor, KGMU, Lucknow having considered the matter has been pleased to observe that Dr. Raj Kumar Gupta should be afforded an opportunity of showing the cause before passing of the expulsion notice dated 24.01.2006. Therefore in view of the above facts, Notice No. 108/A (PG) dated 24.01.2006 is hereby withdrawn. However, the enquiry against Dr. Raj Kumar Gupta initiated vide order dated 20.01.2006 will go on in accordance with law and principles of natural justice. The said Notification has been taken on record. In view of the aforesaid statement, this writ petition has become infructuous. Accordingly, the writ petition is dismissed." It seems that thereafter by order dated 20th of April, 2006, the writ petitioner was put under suspension. He challenged the said order in Civil Misc. Writ Petition No. 2293 (MS), Dr. Raj Kumar Gupta Vs. Director General Medical Education and Training, U.P. and Ors., praying for quashing of the suspension order and other consequential benefits.
(3.) THEREAFTER , on 6th of March 2006, a charge sheet was issued to the writ petitioner containing four charges, including the charge that he is not a member of the Scheduled Caste and took admission in MBBS as a Scheduled Caste candidate. In answer thereto, the plea of the writ petitioner was that the controversy in regard to his caste having already been settled and the District Magistrate having held him to be a member of the Scheduled Caste, no further action is needed. The matter was examined by a three Member Committee of the University and by order dated 8th of May 2006, the Vice Chancellor of the University cancelled the MBBS degree of the writ petitioner as also his admission in the M.S. course.;