Decided on June 08,1971

N.SREEDEVI Appellant


Kondaiah, J. - (1.)This is an application under Article 226 of the Constitution of India by the petitioner for the issuance of a writ of mandamus directing the State of Andhra Pradesh, the Director of Medical and Health Services and the Principal, Guntur Medical College (the respondents herein) to admit her into the first year Integrated M.B.B.S. Course in the Guntur Medical College.
(2.)We may briefly state the material facts leading to this writ petition. The State of Andhra Pradesh issued G.O. Ms. No. 1648, Health, Housing and Municipal Administration Department, dated 23rd July, 1970, which alongwith the Rules appended thereto, governs the admissions to the Government medical colleges in the Andhra area. Rule 4 provides for an entrance test to be conducted by the concerned authorities, on the basis of which the selection of the candidates will have to be made. The petitioner, along with 4,330 others, filed her application to take the entrance examination. She had passed P.U.C. and H.S.C., examinations and obtained 63 per cent, and 64 per cent, in Physical and Biological sciences put together, in those examinations respectively. Further, she also passed B.Sc., in second class with Chemistry, Botnay and Zoology. She sent two application orms one prescribed for H.S.C. (Multipurpose) P.U.C., I.Sc. or equivalent qualifications and the other for B.Sc. and M.Sc., candidates. Along with each of the applications she appended a photo of hers, taken in different poses. She sat for the entrance test intended for P.U.C., .S.C. (Multipurpose), etc., candidates on 30th August, 1970. On the next day she appeared for the entrance test conducted for B.Sc. and M.Sc., candidates. On 31st August, 1970 one of the vigilance officers in the examination hall, who entertained a doubt that the petitioner had answered, the entrance examination for P.U.C. candidates the previous day and once again sat for the B.Sc., standard test took objection for her giving the test once again, and finally after consultation with the Principal, the 3rd respondent herein, the petitioner was permitted to answer the test papers. The Principal in his letter dated 31st August, 1970, informed the Director of Health and Medical Services, Andhra Pradesh, that the petitioner had appeared for both the tests on the basis of the two applications submitted by her along with two different profiles of her photo. The Director was requested to take whatever action which was deemed fit in that respect. The first list of 405 selected candidates (out of 550) was published on 26th December, 1970. The second list of 145 selected candidates was published on 12th February, 1971; wherein 22nd February, 1971 was fixed as the last date for joining the respective colleges allotted to them. The petitioner was one of the candidates selected in the second list. Pursuant to the publication of the list on the notice board and newspapers the petitioner paid tuition fees and other amounts as required by the Rules. Thereafter she was not actually permitted to join the college by the 3rd respondent without assigning any reasons therefor. The petitioner alleges that the Principal did not furnish any reasons for not permitting her to join the classes. Hence this writ petition.
(3.)It is averred in the counter-affidavit filed on behalf of the respondents that the petitioner was not entitled to appear for both these tests intended for P.U.C., H.S.C. {Multipurpose) candidates as well as BSc.and M.Sc., candidates on the 30th and 31st December, 1970, respectively. She had given a wrong and false declaration in the application forms to which 2 different profiles of her photo were affixed. She did not state in the application form required to be filled by H.S.C. and P.U.C., candidates that she had passed B.Sc. also. She had therefore suppressed the material facts and got the selection in the category of H.S.C. and P.U.C. candidates as a result Of her fraudulent representations and conduct. The petitioner, according to the respondents, is therefore not entitled for the seat which has already been allotted to her by the selection committee. In any event the Principal is entitled under rule 20 of the Rules for the selection of candidates for admission to the Integrated M B.B.S. Course (hereinafter referred to as the rules) to take appropriate action after due enquiry and send her away without permitting her to continue her studies.

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