By way of this petition, the petitioner has prayed for following reliefs:-
"(A) YOUR LORDSHIPS may be pleased to issue appropriate writ, order and/ or direction, quashing and setting aside the action of respondent University in denying the admission to the petitioner to the course of MD, TB & Chest as being unjust, unreasonable, arbitrary and violative of Article 14 of the Constitution of India and further be pleased to direct the respondent university to forthwith admit the petitioner to the course of MD, TB & Chest on such terms as may be deemed appropriate by this Hon'ble Court, in the interest of justice and equity;
(B) YOUR LORDSHIPS may be pleased to direct the respondent university to grant provisional admission to the petitioner to the course of MD, TB and Chest on such terms as may be deemed appropriate by this Hon'ble Court, pending the admission, hearing and final disposal of this petition;
(C) YOUR LORDSHIPS may be pleased to direct the respondent university to keep one seat vacant in the course of MD, TB & Chest and further be pleased to restrain the respondent university from proceeding further with the conduct of the course, pending the admission, hearing and final disposal of this petition;
(D) YOUR LORDSHIPS may be pleased to grant such other and further reliefs as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted;"
The brief facts leading to the filing of present petition are as follows:-
that the petitioner has completed the course of MBBS from M.P.Shah Medical College, Jamngar and thereafter, attempted the All India Post Graduate Medical Entrance Exam for the Post Graduate Course, conducted by the All India Institute of Medical Sciences (AIIMS), New Delhi, in which he was placed at Serial No.4249 and also attempted the entrance examination for post graduate course held by the Saurastra University, in which he was placed at Serial No.51.
For the admission in Post Graduate Course under All India Category, in second round, the petitioner got the admission in Diploma Course in Child Health at S.S.Medical College, Rewa, Madhya Pradesh and as per the requirement, the original certificates of the petitioner were deposited with the said college on 01.06.2012. In the third counseling, the petitioner was offered the Diploma Course in Child Health Care in Netaji Subhash Chandra Bose Medical College, Jabalpur, Madhya Pradesh and accordingly, the relieving letter for upgraded candidate was issued and the original certificates as well as the fees were returned back to the petitioner. Thereafter, petitioner got the admission in the Medical College, Jabalpur and as per the requirement the petitioner deposited the original certificates with the Medical College, Jabalpur. The Dean, Medical College, Jabalpur issued a certificate on 19.06.2012, certifying that the college has retained the original certificates.
Simultaneously, the counseling took place at Saurashtra University and the petitioner came to know about the second round of counseling through public notice published in 'Sandesh' daily.
On the day of second counseling i.e. 29.06.2012, when the petitioner appeared before the Post Graduate Medical Admission Committee, Saurashtra University and the courses of 'MD, TB & Chest' and 'MS General Surgery' were available to the petitioner, the committee asked the petitioner to produce the original documents. In response, the petitioner produced a copy of certificate, issued by the Dean, Medical College, Jabalpur, certifying that the original certificates are retained with them. However, the petitioner informed the committee that he can obtain the certificates within 24 hours. Therefore, the Committee informed the petitioner that his case cannot be considered for admission to the course, on account of non-production of original certificates. The petitioner submitted before the Committee that he is also prepared to file Affidavit/ Undertaking to the effect that if admission is given to the petitioner, he would produce the original documents within 3 working days, but, the Committee refused to accept the same.
Hence, this petition.
Learned advocate for the petitioner Mr.Pahwa has submitted that the action of the respondent-University is completely unjust, unreasonable and arbitrary and also violative of Article 14 of the Constitution of India. He has further submitted that there was no requirement of producing the original certificates at the time of interview in the public advertisement nor the same was intimated to the petitioner.
Heard learned advocate for the petitioner. It appears that the respondent-University has declined to grant admission to the petitioner, on account of inability on the part of the petitioner of producing necessary original certificates, regarding his educational qualification. It is a mandatory requirement that a candidate produces all the certificates in their originals, in order to get admission in any course. In the present case, the petitioner herein was unable to produce the same, when it was directed by the respondent-University. The petitioner cannot claim that, since the relevant certificates are with other University, the respondent-University must consider his case. The respondent-University is bound by its rules and regulation, according to which, it is to grant admission to the relevant course. Since in the present case, the petitioner had failed to fulfill the requisite criteria of supplying relevant original documents at the time of admission process, the respondent-University rejected to grant admission to him to the course in question. The petitioner cannot submit that he may be granted admission, on the basis of any Affidavit and/ or Undertaking, which he may be willing to file. It is understood that the University governs by the statutory rules, would not grant admission in contravention of its own rules.
In view of the same, I do not find any illegality in the action of the respondent in not granting the admission to the petitioner. Hence, I find no merits in the petition and the same is summarily rejected.
[K.S.JHAVERI, J.] ..mitesh..
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