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1994 Supreme(P&H) 142

A.P.CHOWDHRI, G.C.GARG, V.K.BALI
Raj Singh – Appellant
Versus
Maharshi Dayanand University – Respondent


Judgment

G.C.Garg, J.

1. This writ petition relates to admission to M.B.B.S./B.D.S. Course in one of the Medical Colleges in the State of Haryana. At the time of motion hearing, reliance was placed by Mr. I.S. Balhara, learned counsel for the petitioner, on two earlier decisions of this Court. The view taken in the unreported decision in C.W.P. No. 15367 of 1991 dated October 30, 1991, was that the lapse in filling up the form on the part of the candidates should be condoned on the ground that they were minors and did not fully realize the implications of writing certain words in the prescribed form. The referring order shows that the above proposition could not be accepted in principle by the Division Bench. In order to settle the question of principle, therefore, the matter was referred to larger Bench. That is how this petition has been placed before us.

2. The significant question before us is whether the candidates filing in forms relating to admission to educational institutions are bound by what they actually stated in the form or they can be allowed to turn round and take up a different position at a later stage. In order to appreciate this question, it is necessary to state














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