Madhya Pradesh High Court
Rajveer Singh Jatav vs The State Of Madhya Pradesh on 1 February, 2018
1
THE HIGH COURT OF MADHYA PRADESH
WP-1239-2017
RAJVEER SINGH JATAV Versus THE STATE OF MADHYA PRADESH
Gwalior, Dated : 01.02.2018
Shri Kumar Gaurav Sharma, learned counsel for
the petitioner.
Shri Vivek Jain, learned Government Advocate for
the respondent/State.
Smt. Nidhi Patankar, learned counsel for the respondent No.3.
Shri Vivek Khedkar, learned counsel for the respondent No.4.
Shri C.R. Roman, learned counsel for the respondent No.7.
Challenge in this Writ Petition under Article 226 of the Constitution of India is to an order dated 11.04.2016; whereby, the petitioner has been rusticated from MBBS course for the reasons that a Criminal Case has been registered vide Crime No. 358/14 for the offences punishable under Sections 419, 420, 467,468, 471, 201, 120B IPC and Section ¾ of M.P. Examination Act for taking admission in 2010 by unfair means.
The challenge is on the ground that the order has been passed without affording any opportunity of hearing.
It is urged that similar order was subject matter of challenge in W.P. No. 8200/2016 Nitin ken V. 2 State of Pradesh & Others decided on 05/12/2016 wherein a co-ordinate Bench taking into consideration that the rustication from the course is without affording any opportunity of hearing had set aside the order and had remitted the matter for reconsideration by affording an opportunity of hearing. In Nitin ken (Supra), it is held :
"(1) The impugned order dated 11.04.2016 passed by Dean, G.R. Medical College stands quashed.
(2) The Dean / Principal of the respondent College shall be empowered to pass appropriate order under the said Examination and Admission Rules which should be done expeditiously without awaiting the result in the criminal case pending against the petitioner.
(3). The petitioner shall be allowed to pursue his course by appearing in classes and shall also be entitled to appear in the examination conducted during the course of MBBS provided he fulfills all requisite eligibility criteria prescribed by the law. (4) The result of the any such examination shall not be declared without the the leave of this Court.
(5) The petitioner shall be afforded opportunity of hearing before passing of order by the Dean.
(6) The aforesaid exercise contained in (2) and (5) supra should be completed within two months from the date of communication of this order."
That on 20/02/2017, the respondents were called upon to examine whether the present petition can be disposed of in terms of order passed in W.P. No. 3 8200/2016, the respondents have, however, filed the return justifying the impugned order. However, no cogent material is commended at that before taking the decision of rusticating the petitioner from the course, he was afforded an opportunity of hearing. In view whereof, in order to maintain parity the present writ petition is also disposed of in the same terms as Nitin Ken (Supra) The petition is disposed of in following terms :
(1) The impugned order dated 11.04.2016 passed by Dean, G.R. Medical College stands quashed.
(2) The Dean / Principal of the respondent College shall be empowered to pass appropriate order under the said Examination and Admission Rules which should be done expeditiously without awaiting the result in the criminal case pending against the petitioner. (3). The petitioner shall be allowed to pursue his course by appearing in classes and shall also be entitled to appear in the examination conducted during the course of MBBS provided he fulfills all requisite eligibility criteria prescribed by the law. (4) The result of the any such examination shall not be declared without the the leave of this Court.4
(5) The petitioner shall be afforded opportunity of hearing before passing of order by the Dean.
(6) The aforesaid exercise contained in (2) and (5) supra should be completed within two months from the date of communication of this order.
No Costs.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
Aman
AMAN
Digitally signed by AMAN TIWARI
DN: c=IN, o=HIGH COURT OF M.P. BENCH GWALIOR, ou=HIGH COURT OF M.P. BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=bea052f71cef72afe5e39f2eae9a37d TIWARI e51b4fa661b7b0f9cbd3dd2d32bb64d61, serialNumber=76d6dd39e2b40d9e41e9e201 54e9d48fbd82166360142e9f5187ba27e1343 d0e, cn=AMAN TIWARI Date: 2018.02.03 17:48:07 -08'00'