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PATNA HIGH COURT
Nagendra Rai and R.M.Prasad JJ.
Manish Kumar
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2447 of 1992 ;
Decided On : APRIL 23, 1993
ADMISSION - CANCELLATION - FORGED DOCUMENTS - NATURAL JUSTICE - ACQUIESCENCE - CRIMINAL CASE PENDING - [ARTICLES 226, 227 OF THE CONSTITUTION OF INDIA] - Petitioners obtained admission to MBBS course on the basis of forged allotment letters. The admissions were cancelled by the Principal of the College on the ground that the allotment letters were not genuine and did not originate from the Directorate General of Health Services. Petitioners challenged the cancellation of their admissions on the grounds of violation of natural justice, acquiescence by the authorities, and pendency of a criminal case. The Court held that the petitioners were not entitled to a hearing before cancellation of their admissions as they had obtained admission on the basis of fraud and forgery. The Court also held that there was no acquiescence by the authorities as the Principal of the College had taken prompt action to verify the genuineness of the documents and had informed the Directorate General of Health Services about the forged documents. The Court further held that the pendency of the criminal case was not relevant to the issue of cancellation of admissions. The Court dismissed the petitions.
Fact of the Case:
Petitioners obtained admission to MBBS course on the basis of forged allotment letters. The admissions were cancelled by the Principal of the College on the ground that the allotment letters were not genuine and did not originate from the Directorate General of Health Services.
Finding of the Court:
The Court held that the petitioners were not entitled to a hearing before cancellation of their admissions as they had obtained admission on the basis of fraud and forgery. The Court also held that there was no acquiescence by the authorities as the Principal of the College had taken prompt action to verify the genuineness of the documents and had informed the Directorate General of Health Services about the forged documents. The Court further held that the pendency of the criminal case was not relevant to the issue of cancellation of admissions.
Issues: 1. Whether the petitioners were entitled to a hearing before cancellation of their admissions? 2. Whether there was acquiescence by the authorities in the petitioners' admissions? 3. Whether the pendency of the criminal case was relevant to the issue of cancellation of admissions?
Ratio Decidendi: 1. The rules of natural justice are not embodied rules and their application can be excluded in cases of fraud and forgery. 2. There was no acquiescence by the authorities as the Principal of the College had taken prompt action to verify the genuineness of the documents and had informed the Directorate General of Health Services about the forged documents. 3. The pendency of the criminal case was not relevant to the issue of cancellation of admissions.
Final Decision: The Court dismissed the petitions.
NAGENDRA RAI, J.
1. The common questions of law and facts are involved in all the above seven cases and as such they have been heard together and are being disposed of by this common judgment.
2. There are two petitioners in C.W.J.C. No. 3862 of 1992(R) and single petitioner in all other six writ applications. They have filed the present writ applications under Arts. 226 and 227 of the Constitution of India challenging the order dated 18-6-1992 issued by the Principal, Patliputra Medical College, Dhanbad who is one of the respondents in all these writ applications by which the admissions of the petitioners against 15% all India quota in Patliputra Medical College in first year M.B.B.S. course in sessions 1990-91 and 1991-92 have been cancelled on the ground that he was informed by Dr. Girish Tayal, Assistant Director General (ME), Directorate General of Health Services (Medical Examination Cell), Nirman Bhawan, New Delhi, one of the respondents in all these writ applications, vide letter dated 11/06/1992 that the petitioners have obtained admission on the basis of forged documents and the letter of allotment on the basis of which they took admission were not genuine and did not originate from the office of the Director General, Health Services. The said letter cancelling the admissions of the petitioners has been annexed as annexures 2, 4, 6, 6, 8, 7 and 3 in C.W.J.C. Nos. 2447, 3862, 3880, 3881, 3882, 3883 of 1992(R) and 116 of 1993(R) respectively.
3. Before adverting to the respective cases of the petitioners and the respondents, it will be apt to state briefly the facts which are not in dispute in these cases. In accordance with the direction of the Supreme Court in the case of Dr. Pradeep Jain (reported in AIR 1984 SC 1420) and its subsequent directions in other cases 15 per cent seats in all India Medical Colleges in the country except Medical Colleges in Andhra Pradesh and Jammu and Kashmir are to be filled up on the basis of Ali India Entrance Examination. According to the guidelines laid down by the Supreme Court, the Central Board of Secondary Education (hereinafter to be referred to as CBSE), New Delhi conducts all India Premedical/Predental Entrance Examinations and prepares the merit list consisting of number of candidates equal to the number of seats available for allotment plus a waiting list of about 1000 candidates. The said lists are published in various newspapers. It is also displayed at the various regional centres all over India and the candidates who are in the merit list and waiting list are also informed individually about their rank obtained by them in the said examination by the CBSE. Thereafter, the lists are forwarded to the Directorate General of Health Services for making allotments to the successful candidates as per guidelines of the Supreme Court of India on the basis of merit-cum-preference. The Directorate General of Health Services makes the allotment to the merit lists candidates and the same is published in newspapers all over India. If the seats are still vacant due to non-joining of the candidates of the merit list, then the allotment is made to the candidates who are in the waiting list and the same is also published in the newspapers all over India. The Directorate General of Health Services informs every candidate with regard to the allotment made and also sends the list to the concerned Medical Colleges informing them about the allotment made to the said colleges. Thereafter, the successful candidates are admitted in the different medical Colleges on the basis of the allotments order.
4. So far as Patliputra Medical College, Dhanbad is concerned, the Directorate General of Health Services made allotment of the candidates to the said college on 1st of August, 1988. Some of the candidates who were allotted the said college namely, Amanjit Singh Gill and others filed a writ petition in the Supreme Court being Writ Petition No. 961 of 1988 for changing their placement from the s
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