Full Judgment Text
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PETITIONER:
MS. BHAWANA NARUAL AND OTHERS
Vs.
RESPONDENT:
MS. MANJU CHAUDHRY AND OTHERS
DATE OF JUDGMENT: 23/01/1996
BENCH:
SEN, S.C. (J)
BENCH:
SEN, S.C. (J)
AHMADI A.M. (CJ)
PARIPOORNAN, K.S.(J)
CITATION:
1996 AIR 1563 1996 SCC (2) 155
JT 1996 (1) 673 1996 SCALE (1)591
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
SEN J.
Special leave granted.
These appeals relate to admission to the Second
Professional MBBS course in Maharishi Dayanand University by
migration from other universities. The case of the
appellants, Ms. Bhawana Narula, Manish Jain and Anjali
Hooda, is that they have satisfied the requirements
stipulated by the Medical Council of India and also
Maharishi Dayanand University and were granted migration
from the colleges where they were pursuing the MBBS course.
They joined Maharishi Dayanand University on the strength of
migration granted by the University. On 4th June, 1994, the
appellants received communication from Maharishi Dayanand
University that their applications for migration to the
Second Professional MBBS course in Maharishi Dayanand
University had been granted. On receipt of this intimation,
they left the colleges in which they were studying in
Karnataka and joined Maharishi Dayanand University, Rohtak,
since June, 1994 they were pursuing their studies in
Maharishi Dayanand University.
Some of the persons, who could not obtain migration to
Maharishi Dayanand University from other universities, field
writ petitions challenging the validity of the migration
granted to the appellants. These writ petitions were heard
along with the batch of other cases relating to the
migration to the BDS course of Maharishi Dayanand
University. It appears from the affidavit filed by the
Registrar on behalf of the University that there is one
fundamental difference in the principle followed by
Maharishi Dayanand University for considering the cases of
migration of candidates of MBBS course from the manner in
which migration was allowed in the BDS course. For
considering the case of migration to MBBS course, the
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Maharishi Dayanand University set up a Committee to examine
the cases of various students who were seeking migration.
The Committee comprised of :-
(a) Professor Ravi Parkash, Head of the Department
of Bio-Science, M.D. University, Rohtak.
(b) Professor R.K. Tuteja, Head of the Department
of Statistics, M.D. University,. Rohtak.
(c) Dr. S.B. Siwach, Professor & Head, Department
of Medicine, Medical College, Rohtak.
(d) Asstt. Registrar (R&S), H.D. University,
Rohtak.
The recommendations made by the Committee were accepted by
the University without making any change at all. There is no
allegation of bias against any of the members of the
Committee. It has been stated in the affidavit of Devender
Singh, IAS, Registrar, Maharishi Dayanand University, that
out of 20 eligible students seeking migration, 7 of the top
14 students in merit were granted migration. Since there is
no question of bias of personal animus against any member of
the Committee, it will not be fair at this stage to set
aside the selection made by the Committee.
The judgment of the High Court dated 23rd February,
1995 is set aside. It is directed that the candidates
selected by the Committee set up by the Maharishi Dayanand
University for migration to the MBBS course will be
entitled to pursue their studies in the MBBS course
conducted by the Maharishi Dayanand University in accordance
with the rules of the University.
The appeals are disposed of as above.