Karanvir Gosal v. Panjab University And ORS

VINOD KUMAR 2015.07.31 12:36 I attest to the accuracy and authenticity of this document Chandigarh CWP No.14873 of 2015 [ 1 ] ******

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.14873 of 2015 Date of decision:24.07.2015 Karanvir Gosal

...Petitioner

Versus

Panjab University and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Piyush Kant Jain, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner, in order to take admission in the MBBS course in the Government Medical College and Hospital, Sector 32-B, Chandigarh in the NRI category, appeared in the entrance exam held on 21.06.2015 along with 23 other students, but could not succeed as against the 4 seats in the said category, Parneet Kaur Grover, Nida Naeem, Shivani Gupta and Rajat Jain were declared qualified and admitted. The petitioner, without impleading the qualified candidates, has filed this petition and levelled allegations of mis-management on the part of respondent no.3 in taking the entrance exam and the probable use of unfair means by the successful candidates, though without any evidence. Having participated and remaining unsuccessful, he has also tried to raise an issue that the entrance examination was held on the basis of

VINOD KUMAR 2015.07.31 12:36 I attest to the accuracy and authenticity of this document Chandigarh CWP No.14873 of 2015 [ 2 ] ****** a circular of the Medical Council of India dated 16.01.2015, which has been struck down by the Karnataka High Court on 17.04.2015, whereas the entrance examination was held on 21.06.2015.

If the petitioner was so aggrieved, he should have challenged the said circular instead of subjecting himself to the entrance exam in which he has been miserably failed.

The question whether there was mis-management by respondent no.3 at the time of taking entrance exam or the successful candidates used some kind of unfair means is a pure question of fact which cannot be determined by this Court in the writ jurisdiction. In any case, the petition itself is bad in law as the petitioner has challenged the admission of the successful candidates to the MBBS course without implementing them as parties.

In view thereof, I do not find any merit in the present writ petition and hence, the same is hereby dismissed. July 24, 2015 (Rakesh Kumar Jain) vinod* Judge