Jharkhand High Court
Manish Ranawat vs The State Of Jharkhand on 2 September, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2409 of 2021
Manish Ranawat ..... ... Petitioner
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, Higher Technical and Skill Development
Department, Government of Jharkhand
3. Kolhan University, Chaibasa through its Vice Chancellor
4. The Registrar, Kolhan University, Chaibasa
5. The Controller of Examination, Kolhan University, Chaibasa
6. Mahatma Gandhi Memorial Medical College, Jamshedpur through its
Principal
.... .... Respondents
With
Cont. Case (Civil) No. 519 of 2021
Court on its own motion ..... ... Petitioner
-Versus-
1. Kolhan University, Chaibasa through its Vice Chancellor
2. The Registrar, Kolhan University, Chaibasa
3. The Controller of Examination, Kolhan University, Chaibasa
.... .... Opp. Parties
CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Mukesh Kumar Mehta, Advocate
For the State : Ms. Shalini Sahdeo, A.C. to Sr.S.C.-I
For the Resp.-University : Dr. Ashok Kumar Singh, Advocate
Order No. 05 Dated: 02.09.2021
The present case is taken up today through video conferencing.
2. The present writ petition has been filed for issuance of direction upon
the respondent nos. 3 to 6 to allow the petitioner to fill up the examination
form of M.B.B.S. 3rd Professional Part-II (I) Annual Examination- 2021 in one
subject i.e. "Obstetrics & Gynaecology" scheduled to be held on 20 July,
2021 as well as to appear in the said examination. Further prayer has been
made for issuance of direction upon the aforesaid respondents to exempt
the petitioner from again passing three subjects i.e. Medicine, Surgery and
Paediatrics as he has already passed the same in M.B.B.S. 3rd Professional
Part-II (II) supplementary examination, 2020.
3. The writ petition was initially taken up on 19.07.2021 wherein
considering the submission of the learned counsel for the petitioner as well
as the respondent nos. 3 to 5 to the extent that the issue raised in the
present writ petition is covered by the judgment of this Court dated 14th
July, 2021 passed in W.P.(C) No. 2450 of 2020, the respondent nos. 3 to 5
were directed by way of an interim measure to accept the examination form
of the petitioner for appearing only in one paper i.e. "Obstetrics &
Gynaecology" of MBBS 3rd Professional Part-II(I) Annual Examination, 2021.
Thereafter on 30.07.2021, the case was again listed and on the said date,
the learned advocates of the entire State had decided to stay away from
judicial work demanding implementation of strict law for their protection.
However, the petitioner appeared in person on the said date and stated
before this Court that the respondent nos. 3 to 5 did not accept the
petitioner's examination form only for one paper i.e. "Obstetrics &
Gynaecology" in terms with the interim order dated 19.07.2021 passed by
this Court, rather he was compelled to fill up the examination form for all
the four papers i.e. Medicine, Surgery, Obstetrics & Gynaecology and
Pediatrics. The said submission of the petitioner was supported with
supplementary affidavit dated 27.07.2021. Since the learned lawyers for the
parties did not appear on 30.07.2021, the case was adjourned to be listed
on 06.08.2021 and on the said date, keeping in view the said factual
assertion of the petitioner made in the supplementary affidavit dated
27.07.2021, this Court while initiating suo-motu contempt proceeding being
Cont. Case (Civil) No. 519 of 2021, issued notices to the respondent nos. 3
to 5 to file show-cause affidavit for alleged non-compliance of interim order
dated 19.07.2021 passed in the present writ petition.
4. In pursuance of the notices issued to the respondent nos. 3 to 5, a
show-cause affidavit as well as counter affidavit has been filed on behalf of
the said respondents/opposite parties. It has been stated in paragraph-4 of
the show-cause affidavit that in compliance of order dated 19.07.2021
passed by this Court, the respondent nos. 3 to 5 have accepted the
examination form of the petitioner and have issued the Admit Card to him
on 31.07.2021 for appearing only in one paper i.e. Obstetrics and
Gynaecology. However, the said respondents denied the statement made by
the petitioner in paragraph-3 of the supplementary affidavit dated
27.07.2021 stating inter alia in paragraphs-5 and 6 of their show-cause
affidavit that the Admit Card annexed as the part of Annexure-S/2, placed at
page no. 7 of the supplementary affidavit dated 27.07.2021, has not been
issued by the respondent-Kolhan University, rather the same is a forged and
fabricated document prepared by the petitioner with intention to mislead this
Court.
5. On this, learned counsel for the petitioner, while inviting the attention
of this Court to page no. 7 of the said supplementary affidavit, submits that
the said Amit Card is incomplete, a photo copy of which was obtained before
submission of the same in the college. Hence, the same does not bear the
countersignatures of the issuing authorities of the college, however, the said
document cannot be said to be a forged one.
6. Be that as it may. Since the respondent nos. 3 to 5/opposite parties
have specifically stated in their show-cause affidavit that they have accepted
the examination form of the petitioner and have issued the Admit Court to
him on 31.07.2021 for appearing only in one paper i.e. Obstetrics and
Gynaecology and have sought unconditional apology of this Court for putting
inconvenience, I do not find any reason to proceed further in the contempt
matter. The contempt proceeding initiated against the respondent nos. 3 to
5/opposite parties is, accordingly dropped.
7. So far as the prayer made in the present writ petition is concerned,
learned counsel for the petitioner submits that since the respondent nos. 3
to 5 have permitted the petitioner to appear only in one paper i.e.
"Obstetrics & Gynaecology" of MBBS 3rd Professional Part-II (I) Annual
Examination, 2021, the result of which has also been published by the
respondent-University declaring the petitioner passed in the said subject i.e.
Obstetrics and Gynaecology (a copy of which has been transmitted to this
Court through e-mail), the petitioner's grievance raised in the present writ
petition has now been redressed.
8. Considering the said submission of the learned counsel for the
petitioner, there is no need to further adjudicate the writ petition. The
present writ petition along with Cont. Case (Civil) No. 519 of 2021 are,
accordingly, disposed of.
(Rajesh Shankar, J.)
Ritesh/
