Madhya Pradesh High Court
Arvind Agnihotri vs The State Of Madhya Pradesh Thr on 12 May, 2016
1
WP 3357/2016
Arvind Agnihotri Vs. State of MP & Others
12/05/2016
Shri Kumar Gaurav Sharma, learned counsel for the
petitioner.
Shri JM Sahani, learned Panel Lawyer for the respondents
No. 1 and 2/ State.
Shri Vivek Khedkar, learned Assistant Solicitor General of Union of India and Shri DS Chauhan, learned counsel for respondent No.5- MP Professional Examination Board and respondent No.4- CBI.
Ms Nidhi Patankar, learned counsel for the respondent No.3- Institution.
Shri RS Sharma learned counsel for the respondent No.4- Jiwaji University.
On payment of process fee within seven days alongwith requisites of registered post, let notice be issued to the respondent No.7- MCI.
Respondents' counsel present seek for and are granted a period of four weeks to file their reply in the matter.
Petitioner's counsel submits that the alleged examination of will be commenced w.e.f. 30th May, 2016.
Keeping in view the orders passed in various writ petitions which were disposed of by the Principal Seat of this Court vide order dated 15/9/2015 in a bunch of petitions leading WP 2709/2015, we direct that the petitioner should be permitted to undertake the process of his examination to commence w.e.f. 30th May, 2016 as per Notification published by Jiwaji University, subject to final decision of this writ petition.
The question of eligibility of the student to take up the examination on account of fact that he does not fulfill any of the statutory conditions imposed or contemplated in the statutory regulations formulated by Medical Council of India etc. shall be considered at the time of final hearing of the matter and appearance of the student in the examination in pursuance of this Court shall be provisional subject to final decision of this petition. His result shall not be declared without the leave of this Court.
The questions with regard to eligibility of the student to appear in the examination are kept open to be considered at 2 the time of final hearing of the petition. The Institute, University and Medical Council of India are at liberty to point out to this Court at the time of final hearing the disqualification which is attached to any of the students including their participation in the examination or for pursuing the course in question.
Even though, we have directed for supply of certified copy of this order today, but counsel for the Institution in question and the University are directed to take note of the order passed today and inform the competent authority with regard to the order passed today and permit the student to appear in the examination on the conditions as are stipulated in the order passed today.
In the meanwhile, the petitioner should submit the application form for appearing in the examination as directed by this Court with the University within a period of seven days from today. We are conscious of the fact that the last date for submitting the examination form is already over, but looking to the facts and circumstances, we are passing the order directing the candidate concerned to submit all information and examination form within seven days from today to enable the Institution and the University to verify their credential so that the petitioner's eligibility to appear in the examination can be considered.
Parties to complete their pleading by the next hearing.
At this stage, considering the prayer of Smt. Nidhi Patankar, learned counsel for respondent No.3- Institution is extended a liberty to file an appropriate application on availability of additional grounds to modify this order or any part of it.
List for further orders in the week commencing 27th June, 2016.
Certified copy today.
A typed copy of this order be given to learned counsel for the University and Institution.
(U.C.Maheshwari) ( M. K. Mudgal)
Judge Judge
MKB