Rajasthan High Court - Jaipur
Dr Gurdeep Singh vs Dr N K Jain & Ors on 9 July, 2008
Author: Dalip Singh
Bench: Dalip Singh
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL CONTEMPT PETITION NO.495/2007 IN S.B. CIVIL WRIT PETITION NO.75/2007 Dr.Gurdeep Singh. Versus N.K. Jain. V.C., Univerrsity of Raj. & Anr. 9.7.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri B.B. Pareek, for the petitioner. Shri Alok Sharma, for the respondent.
This is a contempt petition filed by the petitioner alleging that the respondent has failed to comply with the directions contained in the order passed by this court on 6.8.2007 in S.B. Civil Writ Petition No.75/2007, filed by the petitioner. The operative part of the order containing the directions reads as under:
In view of the aforesaid facts, the respondent University is directed to move application before the Additional Chief judicial Magistrate (Sr.Division) No.4, Jaipur for getting the answer books relating to the petitioner for examining the Paper-I and II of Medicine and Paper-I and II of Surgery and after examining the same shall prepare tabulation and after awarding marks, record deposited by the University before the Additional Chief Judicial Magistrate (Sr.Division) No.4, Jaipur be sent back and thereafter marks awarded to the petitioner in the aforesaid papers will be considered by the University and in case the petitioner is declared pass, then the petitioner may be awarded a decree of M.B.B.S. and be allowed to complete his remaining 2-1/2 months internship training programme. The aforesaid exercise will be undertaken by the respondent University expeditiously, but in any case not beyond the period of two months from the date of receipt of certified copy of this order.
As per the above directions the University in compliance of the same collected the answer books from the concerned court for examining them as directed by this court.
After examination of the answer books the result was prepared and the answer sheets returned to the court. As per result which was prepared by the University the petitioner was declared fail.
In view of the above, since the petitioner could not pass the examination the degree of M.B.B.S. could not be granted to him and consequently the petitioner was not allowed to complete his internship as these were contingent upon the petitioner passing the exam.
Learned counsel for the petitioner submits that the petitioner has wrongly been declared 'fail' by treating the petitioner as being absent in the practical examination. The learned counsel for the petitioner sought to rely upon some earlier correspondence and proceedings of the Syndicate of the University where the petitioner's case had been examined. It was submitted on the basis of the above that the petitioner is required to be declared as pass and complete his internship and awarded the degree.
The grievance of the petitioner in respect of the result declared by the University in compliance of the order dated 6.8.2007 passed in S.B. Civil Writ Petition No.75/2007 can not be decided in this contempt petition. Suffice it to say that if the petitioner has any grievance on account of his result the petitioner has a separate cause of action and challenge the same in appropriate proceedings.
In the facts and circumstances therefore the University having complied with the order, no case for contempt is made out. The notice issued to the respondent are discharged. This contempt petition is consigned to record.
The petitioner is at liberty to challenge the action of the University in declaring the petitioner as 'fail' in appropriate proceedings if so advised.
(DALIP SINGH),J.
Ramchandrkhatri,PS