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1993 Supreme(Pat) 138

PATNA HIGH COURT
G.C.Bharuka and Aftab Alam JJ.
Kamari Rashmi
Versus
Darbhanga Medical College
Civil Writ Jurisdiction Case No. 12827 of 1992 ;
Decided On : MARCH 29, 1993

Headnote:Constitution of India, Art.14, 226 & 227 - principles of natural justice-petitioners admitted in medical college on all India quota-subsequently their admissions cancelled on the basis of the letter of the Directorate General of Health Services-it was discovered that forged papers were produced for taking admissions and their name was not even in the list of successful candidates on All India merit quota - it is a case of forgery and fraud and natural justice has no application-any advantage or benefit resulting from the fatal reduction of fraud can find no room in protective embrace of any legal doctrine or equitable principles, such as natural justice-1991 SC 909 rel. on, AIR 1967 SC 295, AIR 1989 Pat, AIR 1971 SC 150, AIR 1985 SC 1416, AIR 1988 SC 686, AIR 1989 SC 568, AIR 1990 SC 1480, 1990 B.L. & R.J. 176, AIR 1992 SC 1806, ref. (Paras 8, 9, 11, 14,18 & 19)

       (PER G.C. BHARUKA, J.)-it is not necessary to find out as to who was responsible for committing the forgery but one can not escape from the conclusion that the benefits derived on the basis of such forged documents can not be allowed be sustained by courts of law-court not to issue futile writs-AIR 1992 SC 1555 rel. on. (Paras 21 & 22)

       

Judgment

Aftab Alam, J.

1. The petitioners in all these four applications have come to this Court seeking to challenge the cancellation of their admissions against 15 per cent all India quota in the 1991 sessions of the MBBS course in the two medical colleges of this State.

2. The petitioners in C. W. J Cs.10092, 11941 of 1992 and 41 of 1993 were admitted to Darbhanga Medical College from where their admissions have been cancelled by letter No 5376, dated 15-9-1992, issued under the hand of the Principal of the College. The letter simply states that the admissions of the candidates mentioned therein were being cancelled as advised under letter, dated 31-8-1992, from the Directorate-General of health Services (Directorate, for the sake of brevity) but as the facts unfold it comes to light that the reason for cancellation was that the admissions in question were secured on the basis of fake and forged letters from the Directorate. The aforesaid letter, dated 31 8-1992, comes under challenge in all the three applications and has been marked as Annexures 7, 6 and 5, respectively in these applications.

3. The two petitioners in C W. J. C. No 12827 of 1992 were admitted in Anugrah Narain Magadh Medical College, Gaya and they filed this writ application originally challenging a letter, dated 11-11-1992, issued any the principal of that college asking them to show cause why their admissions to the college may not be cancelled and other legal proceedings be not instituted against them as the letter on the basis of which they had secured their admissions was, on verification, found to be fake and forged.

4. During the pendency of the writ application the admissions of these two petitioners have been cancelled by memo, dated 2-12-1992, issued by the principal of the college and by an amendment petition filed in this case, this letter also is brought under challenge.

5. The facts of these cases are more or less the same and differ only in details regarding dates, etc. The petitioners in C. W. J. Cs. Nos.10092 and 11941 of 1992 state in their respective writ petitions that they took the All india Pre-Medical/pre-Dental Entrance Examination for the session 1991 against 15 per cent all India quota, the examination was held by the c. B. S. E. on 13-5-1990. The petitioners in these two applications have enclosed their admit cards from which it appears that the petitioner in c. W. J. C. No.10092 had 0805718 as her roll number and the roll number of petitioner in C. W. J. C. No.11941 of 1992 was 0803642. It is common knowledge that the select list prepared on the basis of the competitive test is widely published, her both the writ applications are silent on this point and there is no averment (sic) that the names/roll numbers of the petitioners figured in the select list. The petitioners in these two applications claim to have received a letter from the Directors advising them to take their admission at Oarbhanga Medical College by 7th February, 1992. A copy of this letter has not been enclosed with the writ petition but apparently it was a letter dated 11-11-1991, purported to have been signed by one, Dr. Girish Tayal, Assistant Director-General (M. E) and issued from the directorate giving the list of five candidates for their admission at darbhanga Medical College The petitioners further claim that they appeared with the aforesaid letter before the principal, Darbhanga Medical college who got the letter produced by the petitioners cross-checked with the corresponding copy received by him directly and finding it to be in order got the petitioners admitted to the college on 15-1-1992. The petitioners were perusing their studies there when the impugned notice, dated 15-9-1992, was issued whereby and where under admissions of ten students, including the petitioners, were cancelled They filed a representation before the principal on 19-9-1992 but failing to get any response, approached this court with these two applications.

6. The material facts i



















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