Full Text
HIGH COURT OF DELHI
Date of Decision: 05.07.2013
MANAV RAJ SINGH GILL ..... Petitioner
Through: Mr N.P. Gaur, Adv along with petitioner in person.
Through: Mr Ajay Digpaul and Ms Arti Bansal, Avs for respondent No. 2
JUDGMENT
The grievance of the petitioner is that he has been declared failed in
Medicine Practical test by giving 43% marks to him though he has been performing consistently well and he got 60% marks in Surgery Practical, 60% in Pediatrics
Practical and 68.3% in Obstetrician/Gynae Practical. The allegation of the petitioner is that he has been granted lesser marks in Medicine Practical at the instance of respondent No. 3 Dr. Chitralekha Khatti, Associate Professor in the
Department of Medicine.
2. During the course of arguments, I asked the learned counsel for the petitioner as to who had taken the Medicine Practical test of the petitioner and when the said test was taken. He informs that the test was taken in February, 2013 2013:DHC:3139 by four persons, out of which two were outsiders though all the four were from the Army. One of those four persons was respondent No. 3 Dr. Chitralekha Khatti.
3. There is absolutely no material on record to show that the petitioner had made any complaint or grievance against respondent No. 3 at any time before his result for Medicine Practical test was declared. Had the respondent No. 3 been inimically disposed towards the petitioner, he would certainly have made some complaint against her and would also have requested the college not to include her in the panel of teachers who took his Medicine Practical test in February, 2013. That having not been done, the bald averments made by the petitioner in this regard, without any material in support, cannot be accepted. In any case, respondent No.3 being only one of the four teachers, who took the said Practical test, it cannot be accepted that she was in a position to influence the decision of the remaining examiners.
4. The next grievance of the petitioner is that he has been evicted from the room which he was occupying in the college hostel though according to his counsel, there are other students who have failed in the examination but continue to occupy the hostel. The letter dated 09.05.2013, written by the Registrar, to the extent it is relevant reads as under: