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2000 Supreme(MP) 1427

DIPAK MISRA
Sanjay Tiwari – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. K. Pathak
For the Respondent:P.D. Gupta, Deputy Advocate General

Short Note

The petitioner after passing M.B.B.S. from Pt. J.N.M. Medical College Raipur, appeared in the M.P. Medical and Dental Post Graduate Entrance Examination 1997 and was placed at S. No. 315 in the merit list. The petitioner opted for Diploma course in Pathology in Medical College, Rewa. As a post in M.D. Pathology was vacant the petitioner applied for change of course but the same was not paid heed to. Feeling aggrieved the petitioner filed a will petition No. W.P. 4828/99 wherein this Court held as under:

"During the pendency of the said writ petition the petitioner by order dated 11.7.2000 was permitted to change from the Diploma Course to Post Graduate in Pathology."

As the relief was granted the learned counsels for the petitioner withdraw the writ petition No. 4828/99. After Annexure P.9 came into existence the petitioner was not allowed to change his course. On the contrary the said order was stayed on the ground that the petitioner had completed Diploma course on 29.12.99. As the order was not given effect to the petitioner approached this Court commanding the respondents to give effect to that order.

A return has been tiled by the answering respondents contending, inter










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