Full Text
Date of Decision: 23.09.2013 W.P.(C) 5410 of 2013
RAHUL KUMAR SACHAN ..... Petitioner
Through: Mr. Dinesh Singh Chaudhary, Adv.
Through: Dr. Rakesh Gosain, Adv. for R-2.
JUDGMENT
The petitioner before this Court obtained a degree in Medicine from Daghestan State Medical Academy on 18.6.2009. The petitioner appeared in the Foreign Medical Graduate Examination, commonly known as Screening Test conducted by respondent No.2/National Board of Examinations in September, 2009 but could not clear the said examination. Thereafter the petitioner appeared in the Screening Tesh held in March, 2010, September, 2010, March, 2011, September, 2011 and then September, 2012. However, he could not clear any of the said examinations. The petitioner applied for appearing in the Screening
Test conducted in March, 2012 but could not appear, being sick at that time.
2. Vide communication dated 26.3.2013, respondent No.2 cancelled the admit card issued to the petitioner to appear in the Screening Test to 2013:DHC:4841 be held on 31.3.2013. Thereafter the petitioner applied to appear in the Screening Test scheduled to be held on 29.9.2013. No admit card has been issued to the petitioner to appear in the said examination. Being aggrieved, the petitioner is before this Court seeking the following reliefs: “a. pass an order and/or direction to the Respondents particularly Respondent No.2 to allow to the Petitioner to appear in the FMGE (Screening Test) being conducted on 29.09.2013 and to issue the admit card to the Petitioner in that regard. b. pass an order and/or direction to the Respondents particularly Respondent No.2 not to withhold the result at any stage of the Petitioner after allowing him to appear in the examination held on 29.09.2013.”
3. The learned counsel appearing for respondent No.2/National Board of Examinations has drawn my attention to a letter dated 16.9.2013 received from the SHO, Police Station Naraina, which shows that the petitioner, Mr. Rahul Kumar Sachan is alleged to have impersonated as Ashish Kumar Pandey in the Screening Test held on 25.9.2011 and received money from him for the said impersonation. The learned counsel submits that the aforesaid information was not disclosed to them by the petitioner and came to their knowledge only when the aforesaid communication dated 16.9.2013 was received. He further submits that earlier vide communication dated 28.11.2012 they had come to know about the arrest of the petitioner, Mr. Rahul Kumar Sachan, and Mr. Ashish Kumar for whom he had impersonated but no details in the matter were provided to them by the police at that time. This is also the submission of the learned counsel that under the Rules of the respondent/National Board of Examinations, the petitioner can be debarred/disqualified from appearing in the Screening Test for up to six (6) attempts. According to the learned counsel, they are yet to initiate action in this regard since the details have been received only on 16.9.2013.
4. The learned counsel for the petitioner submits that no show cause notice has, so far, been issued to the petitioner and the allegations against the petitioner are false. He also submits that it would not be fair and appropriate to refuse admit card to the petitioner at this stage when even a show cause notice has not been issued to him.
5. I find merit in the contention that since no show cause notice has, so far, been issued to the petitioner requiring him to explain/show cause why he be not debarred/disqualified from appearing in the Screening Test, on account of his having impersonated as Ashish Kumar in NBE Examination held on 25.9.2011, he cannot be refused admit card to appear in the Screening Test scheduled to be held on 29.9.2013. It is not known when the show cause notice, if at all, is issued, would be issued and what order would ultimately be passed by the respondents pursuant to the show cause notice which it may issue to the petitioner for the alleged impersonation. If the petitioner is not permitted to appear in the Screening Test scheduled to be held on 29.9.2013 and later NBE finds no good ground to disqualify/debar the petitioner from appearing in the Screening Test, the petitioner would be seriously prejudiced and would be place in an irretrievable position. The most appropriate course of action in these circumstances would be to permit the petitioner to appear in the examination scheduled to be held on 29.9.2013 subject, of course, to the condition that the result of the said examination will be kept in a sealed cover and will abide by the decision, which NBE ultimately takes on account of the alleged impersonation dated 25.9.2011.
6. For the reasons stated hereinabove, the writ petition is disposed of with a direction to respondent No.2/National Board of Examinations to issue admit card to the petitioner for the Screening Test scheduled to be held on 29.9.2013 subject to his being otherwise eligible to appear in the said examination. The result of the petitioner shall be kept in a sealed cover and would abide by the decision of the NBE in the proceedings that may be initiated against the petitioner on account of his allegedly having impersonated as Ashish Kumar Pandey in the examination held on 25.9.2011. It is made clear that no special equity in favour of the petitioner would be created on account of the present arrangement.
7. In order to ensure that respondent No.2 does not keep the fate of the petitioner hanging in balance for an unreasonably long period it is directed that the proceedings, if any, for the alleged impersonation dated 25.9.2011 shall be initiated within three (3) weeks from today and a final decision on such proceedings shall be taken within eight (8) weeks thereafter. Dasti under the signatures of Court Master.
SEPTEMBER 23, 2013 V.K. JAIN, J. b’nesh