- (1.) The Court: The prayers of the petitioner inter alia in this application, are : (A) A writ of or in the nature of Mandamus do issue commanding the respondents and their servants, subordinate and agents to : (i) act and proceed according to law ; (ii) admit and allow your petitioner to be admitted to the M.D. (Tropical Medicine) course of the Calcutta University for the session 1994-97 for admission to which she has been duly selected ; (iii) treat your petitioner as an eligible candidate for grant of admission to the said post-graduate medical degree course ; (iv) forbear from applying Rule 7 of Part III of the General Information (1994) in her case by reason of her having duly resigned from the Diploma course ; (v) forbear from filling up the seats in the M.D. (Tropical Medicine) course without first admitting the petitioner thereto. (B) A writ of or in the nature of Certiorari do issue calling upon the respondents to certify and tansmit the records of the case containing the impugned decision, if any refusing to admit the petitioner to the M.D. (Tropical Medicine) course for the current session and all proceedings relating thereto, so that conscionable justice may be rendered by quashing and/or setting aside the same. (C) Declaration be made that the petitioner having duly resigned from the said DTCD course on 1st February, 1994 is not ineligible to be considered and selected for a seat in the said post-graduate medical decree course of the Calcutta University in the current session. (D) Declaration be made that Rule 7 of Part III of the General Information disallowing candidates from applying for a degree course during the continuance of any other course is unreasonable arbitrary and violative of Article 14 and 19(1) (g) and 21 of the Constitution of India.
(2.) Admittedly, the petitioner was admitted to the post-graduate diploma course for the session 1993-95. The petitioner submitted an application for post-graduate entrance test on 2.2.94 and in the selected list of candidates published by the University of Calcutta on 7.4.94 for the session 1994-97 her name appeared at serial No. 4 in the M.D. (Tropical Medicine) Course as also in M.D. (TB & Chest) as serial No. 2 in the waiting list. According to the petitioner, even prior to her appearance at the said examination she had submitted her resignation from the diploma course on or about 1.2.94 and she also stopped drawing her stipend. According to the petitioner, she again submitted her resignation on 8.4.94, which was received in the office of the Principal or the Head of the Department on 11.4.94.
(3.) The grievance of the petitioner is that despite the fact that she had resigned from the post graduate diploma course in terms of her aforementioned letter, admission fee was not accepted from her on the ground that she is not eligible therefore in terms of Cl. 7 of the General Informations.;