Madhya Pradesh High Court
Dharmendra Singh Shakya vs The State Of Madhya Pradesh Thr on 6 May, 2016
WP-2888-2016
(DHARMENDRA SINGH SHAKYA Vs THE STATE OF MADHYA PRADESH THR)
06-05-2016
Shri Prashant Sharma, learned counsel for the petitioner/s.
Shri Prabal Solanki, learned GA for the respondents State.
Ms Nidhi Patankar, learned counsel for the respondent institution.
Shri RS Sharma and Ms Anuradha Singh, learned counsel for the respondent Jiwaji University in the respective petitions.
Shri Vivek Khedkar, learned counsel for the respondent Professional Examination Board and as Assistant Solicitor General of India for respondent CBI.
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 all the petitioners should be permitted to undertake the process of examination to commence from 07th May,2016 subject to final decision of these writ petitions.
The question of eligibility of the students to take up the examination on account of fact that they do not fulfil any of the statutory conditions imposed or contemplated in the statutory regulations formulated by the Medical Council of India etc shall be considered at the time of final hearing of the matters and appearance of the students in the examination in pursuance of this Court shall be provisional subject to final decision of these petitions. Their results shall not be declared without the leave of this Court.
The questions with regard to eligibility of the students to appear in the examination are kept open to be considered at the time of final hearing of the petitions. 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. In such cases, where Medical Council of India has not been impleaded as party-respondent, the petitioners are directed to implead Medical Council of India as party-respondent.
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 students to appear in the examination on the conditions as are stipulated in the order passed today.
In the meanwhile, petitioners in each case 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 candidates concerned to submit all information and the examination form within seven days from today to enable the Institution and the University to verify their credential so that their eligibility to appear in the examination can be considered.
Parties to complete their pleading by the next hearing.
List for further orders in the week commencing 27th June, 2016.
Certified copy today.
Typed copy to the learned counsel for the University and Institution.
(RAJENDRA MENON) (U.C. MAHESHWARI)
JUDGE JUDGE