Sinha, J. - (1.) The facts of this case are shortly as follows:
(2.) The petitioner is a Matriculate of the University of Calcutta. In 1947, he got himself admitted into the Chittagong Medical School in Eastern Pakistan for the purpose of obtaining a L. M. P. degree. In 1948, he passed the primary examination. In February 1950, owing to communal disturbances in Eastern Pakistan, the petitioner and his family came out to India as refugees. After coming to India the petitioner continued his medical studies and got himself admitted into the Burdwan Ronaldshay Medical School which is an institution run by the State Medical Faculty of West Bengal (hereinafter referred to as the 'Faculty'). In November 1950. the petitioner appeared in the Intermediate Examination conducted by the Faculty and out of the three subjects prescribed in such examination the petitioner passed in two subjects, namely Physiology and Pharmacology, but was unsuccessful in the third subject, namely Anatomy. Under rule 4 of the Rules and Regulations of the Faculty, a candidate who fails in one subject only is, on payment of a certain fee permitted to appear in that subject at the next six monthly examination, and if he passes, he is to be held passed in the entire examination. A candidate fail-ing to pass in that six monthly examination is however required to appear in all subjects of the examination. By virtue of this rule, the petitioner got a chance to appear in the Anatomy paper in the June term of 1951. In April, 1951, the Medical School where the petitioner was prosecuting his studies held a test examination and the petitioner stood first in Anatomy. Thereafter the petitioner appeared at the June term of the Intermediate examination of the Faculty which was held on or about the 7th of June, 1951. Under the rules, the petitioner had to sit for a theoretical examination in Anatomy and also for oral and practical examination. The theoretical examination was held on the aforesaid date, namely, the 7th June, 1951, and on the 18th of June, 1951, the oral and practical examinations were held. It is alleged that the petitioner fared well in all the examinations. It appears that about 71 students from different schools in West Bengal appeared in the said examination of the June term held in the Burdwan centre. Under the rules and regulations framed for the conduct of these medical examinations, the examinations at the different centres are conducted under the supervision of a Presiding Officer, assisted by an Inspector, Convenor and Invigilators. So far as the June term examination in the Burdwan centre was concerned, there was no detection during the holding of the examination of any unfair means being adopted. After the examinations were over, a notice was published that the examination of 51 candidates including the petitioner had been cancelled for having taken recourse to unfair means. It appears that the Governing Body of the Faculty held an emergent meeting on the 25th of July 1951, and resolved that the entire examination in all the subjects of the said 51 candidates including the petitioner, would stand cancelled, as the Governing Body had come to the conclusion that unfair means had been adopted. The reason why the Governing Body had come to this conclusion was that the answers written by a large number of candidates were exactly similar and most of the answers in Anatomy and Physiology were verbatim reproduction of certain pages of "Grey's Anatomy" and Chakravarti's "Aids to Human Physiology". The Governing Body thereafter notified the said candidates including the petitioner that in view of the cancellation of their examination those who had already passed in two subjects would have to appear again not in the remaining one but in all the subjects. In other words, the notice purported to cancel the result of the previous examination held in November, 1951.
(3.) Thereafter the petitioner made an application before Bose, J. under Article 226 of the Constitution on the ground that he had not been given any opportunity of being heard before the Governing Body arrived at the conclusion that he had employed unfair means in the examination. The learned Judge by his decision dated the 4th of February, 1952, made the Rule absolute on the ground that the petitioner should have been given an opportunity to explain his conduct before the examination could be cancelled. The learned Judge directed as follows: "The opposite parties are directed to revoke the order of cancellation of the entire examination in Anatomy held in June, 1951, and the order that the petitioner is to appear in all the three subjects at the ensuing examination. The opposite parties will be at liberty to enquire into the Individual case of the candidate concerned and after such enquiry they will take such steps as they are entitled to take in accordance with law." This order has been upheld by the Court of appeal. On the 29th of August 1952, the Governing Body of the Faculty intimated to the petitioner that in pursuance of the order of the High Court they had revoked the order previously passed cancelling the entire "Intermediate Licen-tiateship" examination, held in June 1951, at the Burdwan centre. The notice proceeds to say as follows: "A further enquiry will be made into your case for such orders as may be deemed fit. This enquiry will be made by an Enquiry Committee appointed for the purpose and you are hereby called upon to appear personally before the committee in the Meeting Room of the Faculty at Grosvenor House, 21 Old Court House Street, Calcutta on 8th September, 1952 at 4-30 P. M. to give such explanation that you may have to offer in the matter.";