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1997 Supreme(Cal) 152
HIGH COURT OF CALCUTTA
Bhagabati Prasad Banerjee & Sidheswar Narayan, JJ.
Samiran Das Gupta
Vs
The State of West Bengal & Ors.
WRIT APPEAL No. 144 of 1996 (Matter No. 2896 of 1994)
Decided on : April 3, 1997
Ajit Kumar Panja, R. N. Bag, Ashis Mukherjee for the appellant;
S. Rajchowdhury for the respondent.
A university cannot cancel a student's admission without giving the student notice and an opportunity to be heard, even if there are irregularities in the admission process.
Headnote:
UNIVERSITY ADMISSION - CANCELLATION OF ADMISSION - IRREGULARITIES IN ADMISSION PROCESS - VIOLATION OF PRINCIPLES OF NATURAL JUSTICE - FAIRNESS AND FAIR PLAY IN ACTION - STUDENT'S FUTURE AND REPUTATION AT STAKE - ADMISSION GRANTED BASED ON UNIVERSITY AUTHORITY'S ORDERS - SUBSEQUENT CANCELLATION WITHOUT NOTICE OR OPPORTUNITY TO BE HEARD - COURT'S INTERVENTION - UNIVERSITY DIRECTED TO PUBLISH STUDENT'S EXAMINATION RESULT.
Fact of the Case:
The appellant, a medical student, was admitted to a post-graduate medical course based on a letter issued by the Secretary of the Faculty Council for Post-Graduate Studies in Medicine, a top official of the university. After he had commenced his studies, the university cancelled his admission due to alleged irregularities in the admission process. The appellant challenged the cancellation of his admission, arguing that he was not given any notice or opportunity to be heard before the decision was made, and that he was not responsible for the irregularities.
Finding of the Court:
The court found that the university had violated the principles of natural justice, fairness, and fair play in action by cancelling the appellant's admission without giving him a chance to defend himself. The court also noted that the appellant had been admitted based on the university's own orders and that he had acted in good faith in pursuing his studies.
Issues: 1. Whether the university's cancellation of the appellant's admission without notice or opportunity to be heard violated the principles of natural justice, fairness, and fair play in action. 2. Whether the appellant was responsible for the irregularities in the admission process.
Ratio Decidendi: 1. The court held that the university's cancellation of the appellant's admission without notice or opportunity to be heard violated the principles of natural justice, fairness, and fair play in action. The court noted that the appellant had a right to be informed of the allegations against him and to be given an opportunity to respond before a decision was made. 2. The court found that there was no evidence that the appellant was responsible for the irregularities in the admission process. The court noted that the irregularities were committed by a university official and that the appellant had acted in good faith in pursuing his studies.
Final Decision: The court allowed the appellant's appeal and directed the university to publish his examination result within two weeks.
Bhagabati Prosad Banerjee, J.: The fact of the case in this appeal disclosed very serious state of affair in the matter of admission of students in post Graduate Medicine in the University of Calcutta.
2. This appeal is from the order dated 22.4.1996, passed by the learned Trial Judge in G. A. No. 1069 of 1996, filed in connection with writ application in Matter No. 2896 of 1994. The appellant/petitioner passed MBBS Examination from the University of Calcutta in the year 1988, and in February 1993, the appellant/petitioner appeared in the Post-Graduate Entrance Examination for M.D/M.S/M.D.S. Course and diploma courses for the session 1993-95.
3. It is the case of the appellant/petitioner that he was selected in D.G.O. Diploma course being serial No.2 in the merit list of Calcutta University. His Roll No. was 021172. The appellant/petitioner got admission in DGO Course in Medical College, Calcutta, in April 1993, and started his classes and hospital duty as required by the authority. On may 28, 1993, a letter was issued by the Secretary, Faculty Council for Post-Graduate Studies in Medicine, University of Calcutta, intimating the appellant/petitioner that "you have been provisionally selected for admission in M.D.(G & O) course for the session commencing from 1993 against vacant seat due to non-admission and/or resignation of some selected candidate(s) as per first list published on 02.04.93. You are, therefore, directed to take admission in the aforesaid course within 21st June, 1993 failing which your selection will be cancelled." The petitioner was informed that the petitioner is to be admitted for such course in IPGMER, Calcutta (Institute of Post-Graduate Medical Education & Research, Calcutta).
4. Thereafter, the petitioner, by his letter to the principal Medical College, resigned from the DGO Course for the session 1993-1995 in view of his selection for admission in M.D. Post Graduate Course (G & O) for the session 1993-95. The said letter was duly received and accepted by the authorities and the petitioner was permitted to take admission in M.D. (G. & O) on 11.6.1993, the petitioner took admission in M.D. (G & O) Course for the session 1993-1996 in IPGMER, Calcutta, and joined the said Institute by depositing required admission fees for which a receipt was granted. He started attending classes and hospital duty as required under Doctor Prof. Dipak Lahiri in S.S.K.M. Hospital, M.D. (G & O).
5. By the letter dated August 10, 1994, the Registrar, Calcutta University, informed the appellant/petitioner that "Sri Samiran Dasgupta is directed to see the Vice-Chancellor in his chamber at Darbhanga Building, 1st Floor, College Street Campus on the 12th August, 1994 at 5-30 p.m. This should be treated as urgent". On that date and time, the petitioner met the Vice-Chancellor of the University of Calcutta who told the appellant/petitioner that some irregularity was found in the merit list of P.G. Medical Entrance, 1993, and as such the selection of the petitioner for admission in M.D. (G & O) was irregular and that he was also told by the Vice-Chancellor that he has secured 83.5 marks and one Pawan Agarwal got 84 marks as per merit, and that the appellant/petitioner was placed in serial No.2 and P. Agarwal was placed at serial No.3 in the merit list.
6. It was further alleged that the other candidate who was placed in serial No.1 in merit list of DGO did not take admission as he got chance in M.S. Surgery. Sri Pawan Agarwal, placed in serial No.3 in M.D. (G & O), took admission in M.D., General medicine on the alleged ground of manipulation of the result sheet. The appellant/petitioner gave choice in the application from for M.D. (G & O) and also for D.G.O. Due to non-admission or resignation of some selected candidates as per the first list published on 2.4.93, the second list for admission was published on 28.5.93.
7. Thereafter, the Registrar of the University of Calcutta, by the letter dated August 26, 1994, served upon the a
