PRINCIPAL, KING GEORGE'S MEDICAL COLLEGE - LUCKNOW
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DR. VISHAN KUMAR AGARWAL &. ANOTHER
October 25, 1983
[Y.V. Cuanprachup, C.J. anp AP. Sen JJ] /
Lucknow University Ordinances, Chapter UI 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
| 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, ; :
The Respondent Dr, Vishan Kumar Agarwal passed the M.B.BS. Examination of the Lucksow 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 Medica! 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 proyiso 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 exafnination 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. The requirement of every one of the clauses in Ordinance
. T has to be fulfilled by the candidate on the date on which he applies for
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504 oS ' SUPREME COURT REPORTS [1984] 1 s.c.r.
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. a ; [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”, “thas 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 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 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 thé consequences ‘of its relaxation on educational excellence. However, if the University considers that any provision is not mandatory, its relaxation in particular cases has
_ tobe governed by objective considerations. No public authority, least of all
-a University which is entrusted. with the futtre 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 ifthe 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. Itis not open to the University, in the absence of any counteraffidavit having been filed to the amended writ petition, to contend. that the relaxation in form of the'two candidates was inadvertant or that it was made under a mis-conception: (511 G] ;
3:2. The University did grant the concession to both the women candi- * dates, though under clause ©), no power is conferred upon it to. relax, the a jain 4 “uta
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MEDICAL COLLEGE ¥. V. K. AGARWAL (Chandrachud, C:-J,) 505 proviso to clause (d). When the ‘requirement of clause (c) was not invariably insistéd 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 BE] :
Crvit Appetlate JORISDICTION + ; 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.
SN, Kacker, N.S: Pandey and Altaf Ahmad for the Appellant.
K.B, Asthana, Shakeel Ahmed, M. Qamaruddin and Mrs.
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* Qamaruddin for the -Respondents.
The Judgment of the Court was delivered by
‘ CHaNpDRAcHUD, 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 forthe 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’, r $06 _ a : i. SUPREME COURT REPORTS | “pen 1 S.C.Re
- The: question. - which ‘arises’ in. this appeal ‘is -whethier the al s respondent possessed the requisite qualification for being admitted... 7 " 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 i in July 1971,. the. respondent ‘completed-one _. year’s rotating compulsory internship, whereupon he was’ registered ~ , Bo - . a8 a. medical graduate by the State Medical Council. In August 1972, “ne was appointed as a Medical-Officer’ in the Civil Hospital. at Lucknow which is approved by the Medical Council. for compulsory vO vlan internship. *. Lh e oe In October 1974, the respondent applied to the Principal, King ee Oa * George’s Medjcal College, Lucknow, for. admission to the. M.D.
meet. * “gourse. in: Physiology, which was due ‘to commence on. January © mo oo" 1975... The Head of the Physiology’ Department tecommended the’ ~ respondent’s candidature, but the principal rejected the ‘respondent’s . application on the ground ‘that’ he did not fulfil the qualification - vs prescribed i in paragraph (i) of. the second proviso to clause (c) of :D :’ Ordinance 1 of Chapter III of the Lucknow University Ordinances. * eat oe The -aforesaid Chapter Ti is entitled “Doctor of Medicine - and le - Master. of Surgery”. Se, ° nos
OF Et On April 4, 1975 the. respondent ‘filed a ‘writ petition in the - . BL “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 | thatthe. respondent continued his studies .for-M.D. degree ‘in - _ . Physiology, uninterrupted. He submitted his thesis, which © was |. .- Gs ‘approved by the University authorities. Toa: eee
. - 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
HOC. examination.*. Undaunted, he filed a suit in which the trial court passed and interim order directing the University | authorities” not-tc -| . obstruct the petitioner from appearing for the examination. The res- _ pondent appeared for the written examination - but, as if notto be ~~
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MEDICAL COLLEGE ». V.K. AGARWAL (Chandrachud, C.J.) 507 outdone, the University filed en 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 fo appear at the examination for the degree of Doctor of Medicine or Master of Surgery unless : ,
(a) he has obtained the degree of MBBS. “of the, . - University of Lucknow . dee tee see senens , (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 demons- _tratorship or equivalent job in the subject will be " considered equivalent to one year’s housemanship.
Provided also that works.in the following capacities ’ will be considered as equivalent to one year *s houseman- * ship; a .t
(i) Three years’ work as a Medical Officer in a hospital approved by the Medical Council for . compulsory internship.
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508 SUPREME COURT REPORTS = [1984] 1 s.c.R.
(ii) seeneeees wena ee : Gil) veeyeeeee aan | (d) He has subsequent to 10) put in two years’ work in
‘ the subject in department concerned in the college.” ‘ li
(e) ve, ree en Neeenaes .
There is no dispute that the respondent Satisfied the requirments 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 natrow 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
- &@ hospital approved by the Medical Council for compulsory intern- ship, can be considered as equivalent to one year’s housemanship. The respondent passed his M.B.B.S, examination in July 197) 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 qulification prescribed by paragraph (i) of the second proviso to clause (c) of Ordinance 1 is required to be fulfilled aK
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MEDICAL COLLEGE ¥. V.K. AGARWAL (Chandrachud, GJ.) ‘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, itis 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 schemte and therefore it will be wrong to apply different criteria to the interpretation of those clauses. Clause (a) of the Ordinance requires that.the candi- date “‘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 house manship after passing the M.B.B.S. examination. .Asin 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 candidatt has completed one year’s
- compulsory rotating housemanship after making the application afid 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 2 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 oy i) (! ee - * SUPREME COURT REPORTS [1984] 1 s.c.r.
‘applies for admission to the M.D. course of studies and not later.
Clause (d) of the Ordinarice points in-the same direction. It Tequires .
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 concerted in the college”’. The verbs used in clauses _{a) to (d) are : “thas 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. Itis 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 men- . tioned 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 Junuary 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 a
| MEDICAL COLLEGE.Y. V.K. AGARWAL (Chandrachud, ©. J) 514 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 housémanship even on the date on which the course commenced.
‘The papers relating to the admission of Dr. (Mrs.) Ratna Prabha Gupta to the coure of studies in M.D.: (Physiology) dicclose 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 thrid 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 ug 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 it 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 rémained’ uncontroverted. It is therefore not open to the University authorities to contend that
_ the relaxation in favour of the two candidates was inadvertant 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
, S12 SUPREME COURT REPORTS (1984) 1 s.c.r. College authorities must apply the same | ryardestick to all “the students who apply for admission to the ‘post-graduate course of studies. a '
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 relaxa- tion in particular cases has to be governed by objective considerations. —
‘No public authority, least of all 4 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. 7
S.R. oe ’ Appeal dismissed. ©