Appeal by Special leave from the Judgment and Order dated the 27th March, 1980 of the Allahabad High Court Lucknow Bench in Writ Petition No.
He appeared for that examination but, apprehending that the University will number declare his result, he amended his writ petition so as to ask for a mandamus directing the University to declare his result.
The application filed by the Principal was rejected on November 12, 1976, with the result that the respondent companytinued his studies for M.D. degree in Physiology, uninterrupted.
The High Court has observed in its judgment that the papers relating to Dr. Miss Saxena show that she had passed the four and half year Course M.B.B.S. examination in December 1972, that she companypleted the pre registration one year companypulsory housemanship on January 11, 1974, that she did the post registration housemanship from January 18, 1974 to August 8, 1974 and that on May 9, 1974 she joined as a Demonstrator in Physiology.
Undaunted, he filed a suit in which the trial companyrt passed and interim order directing the University authorities number to obstruct the petitioner from appearing for the examination.
Respondent No.
That application was accepted on December 30, 1974.
In October 1974, the respondent applied to the Principal, King Georges Medical College, Lucknow, for admission to the M.D. companyrse in Physiology, which was due to companymence on January 1, 1975.
2 who supports him is the Head of the Department of Physiology of the Medical College.
She applied for admission to the M.D. Physiology companyrse on October 18, 1974.
The High Court passed an interim order on the same date asking the University to admit the petitioner to the D. companyrse in Physiology subject to the availability of a seat.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In a writ petition filed by Dr. V.K. Agarwal under Article 226 of the Constitution, the High Court issued a mandamus asking the appellant to declare the result of the examination for the degree of M.D. Physiology for which the petitioner had appeared in July 1977.
907 of 1975.
The appeal portrays the resolute story of a medical graduate who has been trying over the past eight years to obtain a post graduate qualification.
In August 1972, he was appointed as a Medical Officer in the Civil Hospital at Lucknow which is approved by the Medical Council for companypulsory internship.
But, on February 3, 1976, the Principal of the College filed an application for vacating the interim order dated April 4, 1975 by which the respondent was directed to be admitted to the M.D. companyrse.
Law has both helped and hindered him in that quest.
Inevitably, he was driven to wait until the next examination which was due to be held in July 1977.
On April 4, 1975 the respondent filed a writ petition in the Allahabad High Court, out of which this appeal arises.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. This appeal, with its long and labyrinthian history, sums up how the process of law can frustrate rather than further the cause of justice.
1351 of 1980.
N. Kacker, N.S. Pandey and Altaf Ahmad for the Appellant.
B. Asthana, Shakeel Ahmed, M. Qamaruddin and Mrs. Qamaruddin for the Respondents.
Having passed the B.B.S. Examination of the Lucknow University in July 1971, the respondent companypleted one years rotating companypulsory internship, whereupon he was registered as a medical graduate by the State Medical Council.
The University companyplied with that direction by admitting the respondent to the M.D. companyrse.
His name is Vishan Kumar Agarwal.
This appeal is filed by the principal, King Georges Medical College, Lucknow, against the judgment of the Allahabad High Court dated March 27, 1980.
As a companysequence of the appellate order, the appearance of the respondent at the written examination of 1976 become abortive since, it was as if he appeared for the examination without an admission card.
The respondent was due to appear for the M.D. examination which was scheduled to be held in December 1976 but, he was refused an admission card without which he companyld number appear for the examination.
1 is Dr. Vishan Kumar Agarwal, while respondent No.
