Judgement

SABYASACHI MUKHARJI, J. :- These two special leave petitions arise out of the decision of the Bombay High Court in the appeal No. 216 of 1986. Leave as asked for is granted in both and appeals arising therefrom are disposed of by this judgment.

2. The first appeal was filed by the appellant Shivajirao Nilangekar Patil who was at the relevant time the Chief Minister of the State of Maharashtra and the second one was filed by Dr. Mahesh Madhav Gosavi, the applicant in the original writ petition out of which appeal ultimately came to the Division Bench of the Bombay High Court resulting in Civil Appeal No. 216 of 1986.

3. The controversy in this case centres round the conduct, if any, of the appellant in the first appeal in the M.D. Theory Examination in the discipline of Gynaecology and Obstetrics held by the University of Bombay on 14th to 17th October, 1985. In that subject, the practical examination was held by the University at K.E.M. Hospital, Bombay. This is a well-known hospital in Bombay and we are told that it is run by the Municipality. The total number of candidates registered for the examination was 52 of which 5 remained absent. One Dr. Mahesh Madhav Gosavi, original petitioner, who was at the relevant time Assistant Medical Officer of K. E. M. Hospital, Bombay was the petitioner. He and Smt. Dr. Chandrakala Patil alias Dawale, a Junior Assistant Medical Officer in the said K.E.M. Hospital, Bombay, who was respondent No. 4 to the original petition and one Dr. Mrs. Smita Thakkar who was respondent No. 5 were three candidates amongst others who had appeared for the examination. One Dr. M. Y. Rawal was the head of the Department of Gynaecology and Obstetrics in the said hospital and was the convenor of the Board for the said examination. Respondent No. 4 of the original petition, Smt. Chandrakala Patil is the daughter of the appellant, the erstwhile Chief Minister of Maharashtra. The appellant was at the relevant time the Chief Minister of Maharashtra.

4. On 15th November, 1985, a circular was issued by the University of Bombay convening a meeting of local examiners for the finalisation of M.D. results on 18th November, 1985. On the said 18th November, 1985, the meeting was attended only by Dr. Rawal as Dr. Mukherjee, another co-examiner was not available at Bombay. On 30th November, 1985 the result of M.D. Examination was declared. Out of the 47 candidates who had appeared for the examination, 34 candidates were declared successful including Dr. Chandrakala Patil alias Dawale and Dr. Mrs. Smita Thakkar. The petitioner, Dr. Gosavi was declared to have failed.

5. Upon these, a petition was filed by Dr. Gosavi under Article 226 of the Constitution of India in the High Court of Bombay.

6. Out attention was drawn to the fact that in the affidavit in support of the petition one Dr. Manikant Mishra had stated that he had approached Dr. Rawal to find out whether his wife had appeared in the said M.D. Examination and it was alleged that on this occasion he had over-heard certain alleged conversation between Dr. Rawal and Smt. Chandrakala Patil, daughter of the Chief Minister. It transpired later that Mrs. Kalpana Misra, wife of the said Manikant Misra was not even registered as a candidate.

7. In the petition under Article 226 of the Constitution filed before the High Court of Bombay on 16 January, 1986 Dr. Gosavi challenged the results declared in the said examination. The petitioner had claimed that he had been working as a junior Assistant Medical Officer and that he had done his housemanship in the Department of Obstetrics and Gynaecology at K. E. M. Hospital respondent No. 2 i.e. Dr. Rawal was the Head of the Department of the same. It was further the case of the petitioner that due to some reasons the petitioner had no good terms with the said respondent No. 2. The petitioner had passed the MBBS examination in April, 1981 and after completion of internship got registration for M. D. (Obstetrician and Gynaecology) in