MOHAMMAD IDRESS BASHIR Vs. STATE

JUDGEMENT

(1.) Petitioner after appearing in the competitive examination held by the Board of Professional Examination made the grade and after counselling was granted ad-mission to the postgraduate course in Sur-gery on 16-4-2005, on completion of requisite formalities started undergoing training programme w.e.f. 10-5-2005.

(2.) The petitioner did not attend the train-ing programme for the period beginning from 23-7-2005 to 31-12-2005, however, on 31-12-2005 moved an application before the respondent No. 2 for resuming the training. When no order was passed on the said appli-cation, petitioner filed one more such appli-cation on 1-3-2006, again no orders were passed but was informed that the decision would be taken by the Board of Post-Gradu-ate Studies in Medicines.

(3.) Meeting of the Board was convened on 22-6-2006. The Board referred the matter to the University. In response thereto, on 27-9-2006, University addressed a communica-tion to Medical Council of India vis-a-vis application of the petitioner and at the same time asked the respondent No. 2 (Principal Medical College) to allow the petitioner to pursue the course provisionally subject to clarification from the Medical Council of India but still petitioner was not allowed to resume the training programme. Finally on 14-10-2006 a formal order was issued by respondent No. 2 allowing the petitioner to join provisionally for the MS course in Sur-gery on his own risk and responsibility and subject to production of an affidavit to the same effect.