Narendra Prasad v. Union Of India & ORS

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1661/2016 & C.M.No.7164/2016 NARENDRA PRASAD ..... Petitioner Through Mr.Rajbir Kumar, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through Mr.Apoorv Kurup with Mr.Abhik Chimni, Advocates, Advocates for R2/UGC.

Mr.Anurag Ahluwalia with Mr.Prashant Ghai with Srishti Banerjee, Advocates for R-1 & 5.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.02.2016 Present writ petition has been filed seeking a direction to allow a representation for rechecking of copies of Diploma in Medical Radio-Isotope Techniques [DMRIT] outside the Radiation Medicine Centre [RMC], Homi Bhabha National Institute, Mumbai. It has been stated that petitioner took admission in one year PG Diploma in Medical Radioisotope Techniques (DMRIT) in the year 2010. It has also been stated that PG DMRIT is divided into two parts, (a) written examination and (b) practical examination. Learned counsel for petitioner states that the petitioner completed his practical training, but was declared unsuccessful in written examination. He further states that the petitioner has been

victimized and discriminated on the basis of place of birth and language by two Doctors who have mentally and physically harassed the petitioner and demanded money to pass the examination. However, this Court finds that neither the two Doctors against whom allegation of discrimination has been made have been impleaded as parties nor the alleged Institution has been impleaded as a party. Learned counsel for the petitioner is also not able to tell as to whether there is any rule which permits re-checking of papers. The Supreme Court in H.P. Public Service Commission vs. Mukesh Thakur & Another, (2010) 6 SCC 759, after referring to earlier decisions has held as under:- "27.

Thus, the law on the subject emerges to the effect that in absence of any provisions under the Statute or Statutory Rules/Regulations, the Court should not generally direct revaluation."

Keeping in view the aforesaid, the present writ petition is bereft of merits, and the same is accordingly dismissed along with the application.

MANMOHAN, J FEBRUARY 29, 2016 KA