IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PRAKASH GUPTA, SUNIL AMBWANI, JJ.
MAHATMA GANDHI UNIVERSITY OF MEDICAL SCIENCES AND TECHNOLOGY, JAIPUR & ORS. - APPELLANTS
Vs.
STATE OF RAJASTHAN & ORS. - RESPONDENTS
SPECIAL APPEAL(WRIT) NOS. 798/2014 & 797/2014 IN CIVIL WRIT PETITION NO. 8117/2011
Decided on: 11th MARCH, 2015
Constitution of India , 1950 - Article 21 and 32 - Indian Medical Council Act, 1956 - Section 33 - Dentists Act, 1948 – PG Course - Seeking admission in MD/MS/MDS Courses - Writ petition was allowed with directions to Medical Council of India to take action in compliance of para No.8.4 of order of Government of India, dated for those Post Graduate Medical admissions which were granted in pursuance to advertisement dated by appellant-University declaring that the admissions given by appellant-University and Medical College, are in violation of time schedule fixed by Honble Supreme Court in Mridul Dhar (Minor) And Another Vs. Union of India And Others - It was further held that relief for admissions in PG Courses could not be given to the petitioners for concerned year, but as directed by Honble Supreme Court, they are required to be indemnified and thus MG University through its Registrar and Mahatma Gandhi Medical College and Hospital through its Principal and Registrar being respondent Nos.9 to 11, were directed to pay cost of litigation to petitioners, quantified - Learned Single Judge further directed Medical Council of India to take action in compliance of para No.8.4 of order of Government of India dated against MG University for admissions, which were granted in pursuance to advertisement dated and to take up the matter against respondent Nos.9 to 11 for violation of order of Government of India – Held, In present case MG University had despite its undertaking and having full knowledge of the time schedule and the procedure for admissions, not only disobeyed the orders of the Court, but succeeded in playing a fraud with system, in getting 12 favoured candidates admitted to PG Courses - They cannot be allowed to keep fruits of the fraud on pretext that students have completed the course and had also submitted their thesis - A person who plays fraud with the system and reaps benefits, cannot be allowed to keep the ill gotten gain to himself on plea of equity - CBI enquiry will not only unearth the conspiracy which may have been hatched between functionaries of State Government and promoters of MG University in succeeding to get an Ordinance issued but also the arrangements which may have been made between beneficiaries and the University - MCI must take action, as contemplated by Honble Supreme Court and in compliance of para 8.4 of order of Government of India dated which was approved in Mridhul Dhars case (supra), in which the Medical Council of India or Dental Council of India was directed that any student identified as having obtained admission after last date for closure of admission be discharged from the course of study or any medical or dental qualification granted to such a student shall not be a recognized qualification for the purpose - Special Appeals are, accordingly dismissed
1. D.B. Special Appeal(Writ) No.798/2014, filed by the Mahatma Gandhi University of Medical Sciences and Technology, Jaipur (for short, 'the MG University'), is directed against the judgment dated 25.04.2014, passed by learned Single Judge in S.B. Civil Writ Petition No.8117/2011-Dr. Yogendra Singh Gurjar & Anr. Vs. State of Rajasthan & Ors., whereby the writ petition was allowed with directions to the Medical Council of India to take action in compliance of para No.8.4 of the order of the Government of India, dated 14.05.2003, for those Post Graduate Medical admissions, which were granted in pursuance to the advertisement dated 27.05.2011 by the appellant-University declaring that the admissions given by the appellant-University and the Medical College, are in violation of the time schedule, fixed by the Hon'ble Supreme Court in Mridul Dhar (Minor) And Another Vs. Union of India And Others, (2005) 2 SCC 65. Learned Single Judge directed the MG University to deposit the entire fees collected from these students with the Medical and Health Department, State of Rajasthan, within six weeks.
2. D.B. Special Appeal(Writ) No.820/2014 is an intra-Court appeal, arising out of the same judgment of learned Single Judge dated 25.04.2014, by which he had allowed the S.B. Civil Writ Petition No.8117/2011, filed by Dr. Yogendra Singh Gurjar and Dr. Richa Singh, the unsuccessful candidates seeking admission in MD/MS/MDS Courses in the MG University. They had appeared in MBBS Examination of the Rajasthan University of Health Sciences(RUHS) in the year 2008 and 2009, and had secured 85.66% and 83.33% marks respectively in the Pre-PG Entrance Examination, 2011, conducted by the RUHS vide Notification dated 30.12.2010, but failed to secure admissions in the desired subjects.
3. D.B. Special Appeal(W) No.797/2014, has been filed by Dr. Abhishek Saini & 11 others, the PG students in the MG University, against the same judgment dated 25.04.2014, by which their admissions to PG Course, dated 31.05.2011, were declared by learned Single Judge, to be against the time schedule and the procedure, prescribed by the Hon'ble Apex Court in Mridul Dhar (Minor) And Another Vs. Union of India And Others (supra), as well as in violation of clause 9 of the MCI Regulations, 2009, and the decision of the Government of India dated 14.05.2003, in pursuance to the judgment of the Apex Court in Medical Council of India Vs. Madhu Singh And Others, (2002) 7 SCC 258. They have prayed to set aside the judgment of learned Single Judge, and to declare their result of the Final Year PG Course, which was directed by the Court to be kept in a sealed cover in pursuance to an interim order passed by this Court in the Special Appeal on 12.05.2014.
4. Learned Single Judge, by a judgment dated 25.04.2014,, held that the admissions given by the respondent Nos.9 to 11 in pursuance to the advertisement dated 27.05.2011, were in violation of the Regulations of the MCI, and the time schedule and procedure provided by the Hon'ble Supreme Court in Mridul Dhar Vs. Union of India & Ors.(supra), and thus, the MG University was directed to deposit the entire feecollected from students with the Medical And Health Department, Government of Rajasthan, within six weeks from the date of judgment, to be used for advancement of studies in medical sciences. It was further held that the relief for admissions in PG Courses could not be given to the petitioners for the concerned year, but as directed by the Honb'le Supreme Court, they are required to be indemnified, and thus, the MG University through its Registrar and the Mahatma Gandhi Medical College and Hospital through its Principal and Registrar, being respondent Nos.9 to 11, were directed to pay the cost of litigation to the petitioners, quantified at Rs.10,000/-. Learned Single Judge further directed the Medical Council of India to tak
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