Principal, King George's Medical
College Lucknow Vs. Dr. Vishan Kumar Agarwal & ANR [1983] INSC 164 (25
October 1983)
CHANDRACHUD, Y.V. ((CJ) CHANDRACHUD, Y.V.
((CJ) SEN, A.P. (J)
CITATION: 1984 AIR 221 1984 SCR (1) 503 1984
SCC (1) 416 1983 SCALE (2)637
ACT:
Lucknow University Ordinances, Chapter III
Ordinance I Clause (c) second proviso, Para (ii)-Requisite qualification for
admission to the Degree of Doctor of Medicine-Whether the material date for
determination is the date of examination or the date of application for
admission-Scope of the Ordinance I-Constitution of India Articles 14 and
226-For receiving the benefit of the relaxation of the rules, no public
authority can make any discrimination between individual and individual.
HEADNOTE:
The Respondent Dr. Vishan Kumar Agarwal
passed the M.B.B.S. Examination of the Lucknow University in July 1971,
completed his one Year's rotating compulsory internship and got his name
registered as a medical graduate by the State Medical Council. In August 1972 he
was appointed as a Medical Officer in the Civil Hospital which is approved by
the Medical Council for compulsory internship. In October 1974 he applied to
the Principal, King George's Medical College, Lucknow for admission to the M.D.
Course in Physiology which was due to commence in January 1975. The Principal
of the College, inspite of the recommendation of the head of the Department,
rejected his application on the ground that he did not fulfil the
qualifications prescribed in para (i) of the second proviso to clause (c) of
the Ordinance I Chapter II of the Lucknow University.
On April 4, 1975, the respondent filed a writ
petition, and obtained an interim order under which he was admitted to the
course and continued his studies. The respondent was due to appear for his
examination in December 1976 but he was refused an admission card. The suit
filed by him against the refusal to grant admission card was admitted but the
interim order obtained was got vacated by the college authorities.
So he appeared for the December, 77
examination and by way of abundant caution got the writ petition amended so as
to include a prayer for issuance of a mandamus to declare his result. In the
writ petition he has also alleged discrimination shown by relaxing the rules in
favour of two other women candidates. The writ petition was allowed and hence
the appeal by the Principal after obtaining special leave.
Dismissing the appeal, the Court
HELD: 1:1. The requirement of every one of
the clauses in Ordinance I has to be fulfilled by the candidate on the date on
which he applies for 504 admission to the M.D. or M.S. Course of studies. It is
not sufficient that he fulfills the requirements of these clauses on the date
of the examination.
[510 A-C] 1:2. Though ordinance I begins with
the words-"No candidate shall be eligible to appear at the examination for
the degree of the Doctor of Medicine or Master or Surgery,
unless...........", it cannot he said that the material date for
determining whether the conditions of eligibility are fulfilled is the date of
examination and not the date of application. [509 B-C] 1:3. Clauses (a) to (e)
of Ordinance I are parts of an Integrated Scheme and, therefore, it will be
wrong to apply different criteria to the interpretation of those clauses.
The verbs used in clauses (a) to (d) are:
"has obtained", "has completed", "has done", and
has put in" respectively.
Giving to those words their natural meaning,
the requirement of everyone of these clauses has to be fulfilled by the
candidate on the date on which he applied for admission to the M.D. or M.S.
courses of studies. It is not sufficient that he fulfills the requirements of
these clauses on the date of the examination. [509D, E-G] 1:4. There is no
justification for applying to the interpretation of this clause a different
test that the one which has to be applied to the interpretation of clauses (a)
and (b). Neither the language of clause (c) nor the requirement of justice and
fair play warrants such a course.
Therefore, the condition prescribed by clause
(c) must also be shown to have been fulfilled by the candidate on the date on
which he applies for admission to the M.D. Course of studies and not later.
[509 G-H, 510 A]
2. Whether the rules contained in the
Ordinance governing admission to the post-graduate course of studies are
mandatory or directory is a matter which the University shall have to consider
after taking all relevant factors into account like the nature of the
requirement, its purpose and the consequences of its relaxation on educational
excellence. However, if the University considers that any provision is not
mandatory, its relaxation in particular cases has to be governed by objective
considerations. No public authority, least of all a University which is
entrusted with the future of the student community, can pick and choose persons
for receiving the benefit of relaxation of the rules. In the first place, the
rigour of a rule can be relaxed provided such relaxation is permissible under
the rules or if the rule is directory and not mandatory.
Secondly, even if it is permissible to relax
a rule, such relaxation must be governed by defined guidelines. The University
and the College authorities must apply the same yard-stick to all the students
who apply for admission to the post-graduate course of studies. [512 B-D] 3:1.
It is not open to the University, in the absence of any counter affidavit
having been filed to the amended writ petition, to contend that the relaxation
in form of the two candidates was inadvertent or that it was made under a
mis-conception. [511 G] 3:2. The University did grant the concession to both
the women candidates, though under clause (c), no power is conferred upon it to
relax the requirement of the period of one year which is permissible under the
third 505 proviso to clause (d). When the requirement of clause (c) was not
invariably insisted upon by the University or by the College and they did not
regard that requirement as mandatory, it is unfair that the respondent should
be picked up for differential treatment, though situated similarly in the
matter of the application of clause (c). If the requirement of clause (c) could
be relaxed in the case of the other two candidates in regard to their admission
to the M.D. course of studies, it would not be permissible to the University to
regard that requirement as mandatory in the case of the respondent when he
applied for admission to the very same course of studies. Clause (c) does not
apply differently to men and women. [511 B-E]
CIVIL APPELLATE JURISDICTION: Civil Appeal
No. 1351 of 1980.
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. 907 of 1975.
S.N. Kacker, N.S. Pandey and Altaf Ahmad for
the Appellant.
K.B. Asthana, Shakeel Ahmed, M. Qamaruddin
and Mrs. Qamaruddin for the Respondents.
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.
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. Law
has both helped and hindered him in that quest. His name is Vishan Kumar
Agarwal.
This appeal is filed by the principal, King
George's Medical College, Lucknow, against the judgment of the Allahabad High
Court dated March 27, 1980. Respondent No. 1 is Dr. Vishan Kumar Agarwal, while
respondent No. 2 who supports him is the Head of the Department of Physiology
of the Medical College. 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. We will refer to Dr. V.K.
Agarwal as 'the respondent'.
506 The question which arises in this appeal
is whether the respondent possessed the requisite qualification for being
admitted to the course of study the degree of Doctor of Medicine of the Lucknow
University. Having passed the M.B.B.S. Examination of the Lucknow University in
July 1971, the respondent completed one year's rotating compulsory internship,
whereupon he was registered as a medical graduate by the State Medical Council.
In August 1972, he was appointed as a Medical Officer in the Civil Hospital at
Lucknow which is approved by the Medical Council for compulsory internship.
In October 1974, the respondent applied to the
Principal, King George's Medical College, Lucknow, for admission to the M.D.
course in Physiology, which was due to commence on January 1, 1975. The Head of
the Physiology Department recommended the respondent's candidature, but the
principal rejected the respondent's application on the ground that he did not
fulfil the qualification prescribed in paragraph (i) of the second proviso to
clause (c) of Ordinance 1 of Chapter III of the Lucknow University Ordinances.
The aforesaid Chapter III is entitled "Doctor of Medicine and Master of
Surgery".
On April 4, 1975 the respondent filed a writ
petition in the Allahabad High Court, out of which this appeal arises. The High
Court passed an interim order on the same date asking the University to admit
the petitioner to the M.D. course in Physiology subject to the availability of
a seat. The University complied with that direction by admitting the respondent
to the M.D. course. 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. course. The
application filed by the Principal was rejected on November 12, 1976, with the
result that the respondent continued his studies for M.D. degree in Physiology,
uninterrupted. He submitted his thesis, which was approved by the University
authorities.
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 could not appear for the examination.
Undaunted, he filed a suit in which the trial court passed and interim order
directing the University authorities not to obstruct the petitioner from
appearing for the examination. The respondent appeared for the written
examination but, as if not to be 507 outdone, the University filed an appeal
against the interim order, which came to be allowed. As a consequence 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. Inevitably, he was driven to wait until the next
examination which was due to be held in July 1977. He appeared for that
examination but, apprehending that the University will not declare his result,
he amended his writ petition so as to ask for a mandamus directing the
University to declare his result. The High Court issued the mandamus which is
the subject matter of this appeal.
The contention of the respondent that he was
duly qualified to be admitted to the M.D. (Physiology) courses has to be
examined on the basis of paragraph (i) of the second proviso to clause (c) of
Ordinance 1. That Ordinance, to the extent material, reads thus:
"1. No candidate shall be eligible to
appear at the examination for the degree of Doctor of Medicine or Master of
Surgery unless:
(a) he has obtained the degree of M.B.B.S. of
the University of Lucknow ..................................
(b) he has, after passing the M.B.B.S. examination,
completed one year's compulsory rotating housemanship ................
(c) he has, after full registration, done one
year's housemanship or equivalent job:
Provided that for basic science, one year's
demonstrator ship or equivalent job in the subject will be considered
equivalent to one year's house man ship.
Provided also that works in the following
capacities will be considered as equivalent to one year's houseman ship;
(i) Three years' work as a Medical Officer in
a hospital approved by the Medical Council for compulsory internship.
508 (ii) ......... ............
(iii) ......... .............
(d) He has subsequent to 1(c) put in two
years' work in the subject in department concerned in the college." (e)
........ ......... ..........
There is no dispute that the respondent
satisfied the requirements of clauses (a) and (b) of Ordinance 1. He had
obtained the degree of M.B.B.S. or the University of Lucknow as required by
clause (a) and, after passing that examination, he had completed one year's
compulsory rotating housemanship as required by clause (b). The narrow dispute
between the parties is whether, after full registration, the respondent had
done one year's housemanship or equivalent job on the material date. Under
paragraph (i) of the second proviso to clause (c) of the Ordinance, three
years' work as a Medical Officer in a hospital approved by the Medical Council
for compulsory internship, can be considered as equivalent to one year's
housemanship. The respondent passed his M.B.B.S. examination in July 1971 and
after completing one year's compulsory rotating housemanship, he obtained full
registration with the State Medical Council. In August 1972, he started working
as a Medical Officer in the Civil Hospital, Lucknow, which is approved by the
Medical Council for compulsory internship. He had not done one year's
housemanship after full registration but, by virtue of paragraph (i) of the
second proviso to clause (c) of the Ordinance, three years' work as a Medical
Officer in the Civil Hospital at Lucknow would be equivalent to one year's
housemanship.
When the respondent appeared for the M.D.
examination in July 1977, he had evidently completed three years' work as a
Medical Officer in the Civil Hospital, Lucknow, which, as stated earlier, is
approved by the Medical Council for compulsory internship. According to the
Principal of the Lucknow Medical College, the impediment in the way of the
respondent was that on the date on which he applied for admission to the M.D.
course, that is to say, in October 1974, he had not completed three years' work
as a Medical Officer in the Civil Hospital, having started working in that
capacity in August 1972 only. Thus, the question which arises for consideration
is whether the qualification prescribed by paragraph (i) of the second proviso
to clause (c) of Ordinance 1 is required to be fulfilled 509 by the candidate
on the date on which he applies for admission to the M.D. course of studies or
whether, as contended by the respondent, it is enough if that qualification is
fulfilled on the date of the examination.
Ordinance 1 begins with the words: "No
candidate shall be eligible to appear at the examination for the degree of
Doctor of Medicine or Master of Surgery, unless..........." (emphasis
supplied). The respondent derives sustenance to his contention from the words
which we have underlined. It is argued on his behalf that Ordinance 1
prescribes conditions of eligibility for appearing at the examination and not
for making an application for admission to the M.D. course of studies.
Therefore, the material date for determining whether the conditions of
eligibility are fulfilled is the date of examination and not the date of
application. This contention is difficult to accept. Clauses (a) to (e) of
Ordinance 1 are parts of an integrated scheme and therefore it will be wrong to
apply different criteria to the interpretation of those clauses. Clause (a) of
the Ordinance requires that the candidate "has obtained" the degree
of M.B.B.S. It is inarguable that a candidate who has not yet obtained the
M.B.B.S. degree can apply for admission to the M.D. course of studies in
anticipation of or on the supposition that he will pass that examination before
the M.D. examination is held. He must hold the M.B.B.S. degree on the date on
which he applies for admission to the course of studies leading to the M.D.
examination. Clause (b) requires that the candidate "has ...........
completed" one year's compulsory rotating housemanship after passing the
M.B.B.S. examination. As in the case of clause (a), this qualification must
also be possessed by the candidate on the date on which he applies for
admission to the M.D. course of studies. It is not enough that the candidate
has completed one year's compulsory rotating housemanship after making the
application and before the date of the examination. The language of clause (c)
is, in material respects, identical with the language of clauses (a) and (b).
Leaving aside for a moment the equivalence prescribed by paragraph (i) of the
second proviso to clause (c) of the Ordinance, the substantive provision of
clause (c) requires that the candidate "has, after full registration, done
one year's housemanship or equivalent job". There is no justification for
applying to the interpretation of this clause a different test than the one
which has to be applied to the interpretation of clauses (a) and (b). Neither
the language of clause (c) nor the requirement of justice and fairplay warrants
such a course. Therefore, the condition prescribed by clause (c) must also be
shown to have been fulfilled by the candidate on the date on which he 510
applies for admission to the M.D. course of studies and not later. Clause (d)
of the Ordinance points in the same direction. It requires that subsequent to
obtaining the qualification prescribed by clause 1(c), the candidate "has
........ put in two years' work in the subject in the department concerned in
the college". The verbs used in clauses (a) to (d) are: "has
obtained", "has completed", "has done" and "has put
in" respectively. Giving to those words their natural meaning, we are of
the view that the requirement of everyone of these clauses has to be fulfilled
by the candidate on the date on which he applies for admission to the M.D. or
M.S. course of studies. It is not sufficient that he fulfils the requirements
of these clauses on the date of the examination.
As a result of the interpretation which we
have placed upon clause (c) of Ordinance 1, the writ petition filed by the
respondent in Allahabad High Court is liable to be dismissed. But, in view of
the circumstances which we will immediately mention, it would be unjust to deny
the relief sought by the respondent. We have already mentioned that after
appearing for July 1977 examination, the respondent amended his writ petition
and asked for a writ of mandamus directing the University to declare his
result. The respondent made a specific averment in the amended writ petition
that two candidates, Dr. (Miss) Rashmi Saxena and Dr. Mrs. Ratna Prabha Gupta,
were admitted by the University to the same course of post-graduate studies,
even though they did not possess the requisite qualification on the date on
which they applied for admission. Learned counsel who appeared for the
Principal of the Medical College in the High Court, produced the necessary
papers before it relating to the admission of the two candidates. 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 completed the pre-registration one year
compulsory 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. She applied for
admission to the M.D.
(Physiology) course on October 18, 1974. That
application was accepted on December 30, 1974. As held by the High Court, it is
clear from these dates that on the date on which Dr. (Miss) Saxena applied for
admission to the M.D. course, she had complected a period of 9 months only in
her House-job as a Demonstrator, whereas she ought to have completed one year
as prescribed by clause (c). In fact, the requisite period of one year was not
completed even on December 30, 1974 when her application for admission was 511
accepted by the University. She had sought admission to the course which was to
commence on January 1, 1975 but she had started her post-registration
housemanship on January 18, 1974. Thus, she had not completed the requisite
period of one year's housemanship even on the date on which the course
commenced.
The papers relating to the admission of Dr.
(Mrs.) Ratna Prabha Gupta to the course of studies in M.D. (Physiology)
disclose the same state of affairs. Though she was not qualified under the
first proviso to clause (c); she was admitted to the course by the University.
It has to be borne in mind that the University granted this concession though,
under clause (c), no power is conferred upon it to relax the requirement of the
period of one year which is permissible under the third proviso to clause (d).
We agree with the High Court that the papers
relating to the admission of Dr. (Miss) Saxena and Dr. (Mrs.) Gupta show that
the requirement of clause (c), was not invariably insisted upon by the
University or by the College. They did not regard that requirement as
mandatory. We consider it unfair that the respondent should be picked up for a
differential treatment, though situated similarly in the matter of the
application of clause (c). If the requirement of clause (c) could be relaxed in
the case of the other two candidates in regard to their admission to the M.D.
course of studies, it would not be permissible to the University to regard that
requirement as mandatory in the case of the respondent when he applied for
admission to the very same course of studies. Clause (c) does not apply
differently to men and women.
There is no substance in the contention of
the University or of the Principal of the Medical College that the University
authorities committed an error in the case of the two women-candidates. Neither
the University nor the Principal of the Medical College filed any
counter-affidavit to the amended writ petition, with the result that the
averments made by the respondent in regard to the relaxation made in favour of
those two candidates remained uncontroverted. It is therefore not open to the
University authorities to contend that the relaxation in favour of the two
candidates was inadvertent or that it was made under a misconception.
In all future cases the interpretation put by
us on Ordinance 1 must hold good. In so far as the case of the respondent is
concerned, his writ petition succeeds on the ground that the University and the
512 College authorities must apply the same yard-stick to all the students who
apply for admission to the post-graduate course of studies.
Whether the rules contained in the Ordinance
governing admission to the post-graduate course of studies are mandatory or
directory is a matter which the University shall have to consider after taking
all relevant factors into account like the nature of the requirement, its
purpose and the consequences of its relaxation on educational excellence. We
have not gone into that question because, no contention in that behalf was made
either before us or in the High Court. One thing, however, must be made clear
that if the University considers that any provision is not mandatory, its
relaxation in particular cases has to be governed by objective considerations.
No public authority, least of all a University which is entrusted with the
future of the student community, can pick and choose persons for receiving the
benefit of relaxation of the rules. In the first place, the rigour of a rule
can be relaxed provided such relaxation is permissible under the rules or if
the rule is directory and not mandatory. Secondly, even if it is permissible to
relax a rule, such relaxation, as stated above, must be goverded by defined guidelines.
For these reasons, we confirm the judgment of
the High Court and dismiss the appeal with costs in favour of respondent Dr.
Vishan Kumar Agarwal.
S.R. Appeal dismissed.
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