UNIVERSITY OF CALCUTTA Vs. DR. HASIBUL HASAN
LAWS(CAL)-1996-1-31
HIGH COURT OF CALCUTTA
Decided on January 19,1996

UNIVERSITY OF CALCUTTA Appellant
VERSUS
Dr. Hasibul Hasan Respondents




JUDGEMENT

S.B. Sinha, J. - (1.)This appeal is directed against a judgment and order dated July 5, 1995 passed by a learned single Judge of this Court in C.O. No. 200048 (W) of 1994 whereby and whereunder the said learned Judge allowed the writ application filed by Dr. Hasibul Hasan, the writ Petitioner/Respondent No. 1.
(2.)The fact of the matter lies in a very narrow compass. Pursuant to an advertisement made by the Appellant University for filing applications for admission in M.D./M.S. and Diploma Courses both the writ Petitioner and Dr. Subinoy Mondal, the Respondent No. 6 herein filed their respective applications. The writ Petitioner's first option was for M.D. (Paediatrics), second option for M.D. (Obstetrics and Gynaecology) and third option was for Diplima in Child Health (D.C.H.).
2(a). The application of Dr. Subinoy Mondal as well as the writ Petitioner/Respondent No. 1 was considered. Dr. Mondal's position was second in the panel whereas the position of the writ Petitioner/Respondent No. 1 was first in the waiting list. As Dr. Mondal was not being admitted, he filed a writ application in this Court. In the meanwhile the writ Petitioner/Respondent No. 1 also filed a representation before the Vice -Chancellor, Calcutta University as regards ineligibility of Dr. Subinoy Mondal to be admitted in. M.D. (Paediatrics) Course. As his objection was not being considered, he also filed a writ application in this Court. Both the writ applications were taken up for hearing together and by a judgment and order dated July 25, 1994, the same were disposed of with a direction to the Dean of Faculty, University Mecical Council, Calcutta, to consider and pass an appropriate order on the representation of Dr. Mondal together with the complaint petition of Dr. H. Hasan at an early date and not later than 3 days from the date of receipt of a copy of the said order. The said order was modified and instead of Dean of Faculty, the Vice -Chancellor was directed to consider the said representation. The representation of Dr. Mondal is contained in annexure 'I' to the writ application. Admittedly in his application form Dr. Mondal did not fill up columns 24 and 25 which reads thus:

24. Are you at present registered for any post -Graduate Diploma/Degree Course including Ph.D. of any University, if so, give particulars....

25. Have you applied for admission or has been admitted to any other course in any institution during this session....

2(b). It is admitted that at the relevant time Dr. Mondal was prosecuting his D.C.H. Course for 1993 -95 session. The relevant Clauses of the procedural directive and information is contained in annexure 'A' to the writ application and Clauses 1, 7 and 10 which are relevant for the purpose of disposal of the appeal read thus:

1. Incomplete applications will be rejected outright. No communication will be made in this respect.

7. These undergoing any other Diploma/Degree courses including Ph.D. are not eligible for admission in the same session.

10. Even after provisional selection, if a candidate is found guilty of impersonation or of submitting fabricated or tampered documents or making incorrect or false statement or suppression of material, the candidate shall be disqualified for admission and may be penalised in addition as per rules and regulations of the Calcutta University.

(3.)By reason of the impugned order dated August 23. 1991 the learned Vice -Chancellor opined as follows:
On consideration of the records, I am of the opinion that the purported grievances of Dr. Hasibul Hassan against the admission of Dr. Subinoy MondeJ in M.D. (Paed.) course in 1994 is, frivolous in nature. Dr. Mandal submitted his resignation from the D.C.H course on 1.3.94 in which course he was admitted in 1993, while the entrance examination for the M.D. Course was held on 6.3.94. There might have been a mistake on the part of Dr. Subinoy Mondal in not filling up items 24 and 25 of the application form for admission but I find the mistake to be genuine and bonafide. Moreover Dr. Hassan has already taken admission to D.M. (Obst. & Gyno.) course in 1994 and has since been perusing his studies in that course. The representation of Dr. Hasibul Hasan is accordingly rejected and Dr. Hasibul Hasan is accordingly rejected and Dr. Mandal will continue in M.D. (Paed.) course. The Secretary of the Faculty Council for Post Graduate Studies in Medicine is being directed to restore clinical attachment of Dr. Mandal.

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