Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner Dr. Gurdeep Singh inter alia with the prayer that the respondents be directed to produce the original attendance sheet of practical examination of Medicine and Surgery held in the March, 1991 at S.P. Medical College, Bikaner, showing the signatures of the candidates and further the respondents be directed to treat the petitioner as having passed in MBBS Final Year Examination in the year 1991 and allow him to complete his remaining two and half months internship training programme.
(2.) FACTS of the case are that petitioner was selected through Pre -Medical Test in the year 1985 and granted admission in S.P. Medical College, Bikaner. He completed his MBBS Part I and Part II which consist of three semesters in each part. He continued his studies in MBBS Final Year, the examination of which were conducted way back in the month of January and February, 1991.
(3.) ACCORDING to the petitioner, he was declared successful in MBBS Final Year and result whereof was declared on 26.04.1991. The petitioner got an advance/duplicate copy of mark sheet thereof and was assured that the final/original mark sheet shall be sent later. Duplicate copy of mark sheet was given so that the petitioner may not face any difficulty in internship. According to the petitioner, he submitted advance/duplicate copy of MBBS Final Year Examination to the office of the College for the purpose of internship training which commenced from 03.05.1991. The College issued an office order dated 07.05.1991 regarding the internship that internship was for duration of 12 months which has been bifurcated in five parts and was to be completed on 02.05.1992. The petitioner joined his internship at Primary Health Centre, Napaar District Bikaner from 07.05.1991. All of sudden, the petitioner was given a copy of confidential order dated 23.05.1991 informing that earlier order issued in favour of the petitioner regarding internship training is cancelled. He immediately contacted the Principal of the College to know the reasons of cancellation. The petitioner also rushed to Jaipur on 26.05.1991 and contacted the Registrar, University of Rajasthan. The Registrar directed the petitioner to contact Controller of Examination. He deposited requisite fee for obtaining duplicate copy of mark sheet. The petitioner also submitted a representation to the Registrar and Controller of Examination for delivery of the copy of his mark sheet. The Controller of Examination replied that University is not in a position to issue any mark sheet because some enquiry is likely to be ordered as one paper of tabulation register has been separated from the same and, therefore, it would take some time to grant original/duplicate mark sheet. According to the petitioner, he was elected General Secretary of S.P. Medical College Students Association on 11.03.1989. Thereafter, no elections for Students Association were held for subsequent sessions. He participated and led in various movements and agitations for welfare of the students. He also exposed the misdeeds of Principal and various other Professors. He, for that reason, became target of the then Principal, Shri H.L. Arora and other Associates Professors Dr. M.M. Bagri, Dr. A.A. Sulemani, Dr. N.N. Purohit and some other professors. One Professor, Dr. D.S. Vyas, Head of the Pharmacology was allegedly beaten by medical students and First Information Report against some students was lodged. Thereafter, one student of Second Year MBBS namely Shri Anil Kumar Singh was ultimately expelled from College for five years and agitation was launched in the University by the students association under the leadership of the petitioner owing to which, Dr. M.M. Bagri and Dr. A.A. Sulemani developed personal enmity with the petitioner. Both of them conspired and colluded to involve the petitioner in the controversy of result of final year of MBBS examination. These professors allegedly awarded zero marks in the theory papers of Medicines and Surgery in Part B Section which was assessed by these internal examiners whereas external examiners awarded 24 marks in Section A of Medicine Paper I and 25 marks in Section A of Medicine Part II. Similarly, in Section A, Surgery Paper I and Section A Surgery Paper II, 16 and 21 marks have been awarded in the answer books by external examiners. Dr. Bagri and Dr. Sulemani were also annoyed with the petitioner because in the month of December, 1989, the students boycotted the function at the call of the petitioner. Besides, the petitioner lodged some allegations against them.;