Mukesh Rajoriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 8065 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 WP No. 28639 of 2021
                                                 (MUKESH RAJORIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 20-06-2022
                                           Shri Amitabh Gupta - Advocate for the petitioner.

                                           Shri S.S.Chauhan - Government Advocate for the respondent No.1.

Shri Rahul Diwaker - Advocate for the respondent No.2. The primary plea of the petitioner is that the Authorities, who had cancelled the admission has no jurisdiction to do so. It is the Vyapam alone that can terminate the admission. As a result, learned counsel for the petitioner relies

upon the Division Bench judgment of this Court dated 31.08.2015 passed in Writ Petition No.14385 of 2015 (Mukesh Rajoriya Vs. The State of Madhya Pradesh).

Learned counsels for the respondents submit that in similar circumstances, on the very same question of law, the same was challenged by the Madhya Pradesh Professional Examination Board in S.L.P. No.769 of 2016. Vide order dated 29.01.2016, the order of this Court has been stayed. Therefore, the question whether the appropriate Authority is the Dean or the Vyapam is pending adjudication before the Hon'ble Supreme Court.

Be that as it may, we are of the considered view that since the petitioner has already completed theoretical MBBS Course, the next stage is to appear in Final Part-1 and the results have not been declared, therefore, in view of the pendency of the matter before the Hon'ble Supreme Court, it may not be appropriate that status quo be ordered. That the education of the petitioner Signature Not Verified SAN may continue subject to further orders of this Court. Hence, as an interim Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2022.06.22 19:47:11 IST measure, the respondents are directed to declare the results and to permit the

petitioner to pursue his pending course. The same shall be subject to further orders of this Court.

Issue rule nisi.

Post for hearing in the usual course.

                                          (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                            CHIEF JUSTICE                                         JUDGE

                                     AM




Signature Not Verified
  SAN




Digitally signed by ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2022.06.22 19:47:11 IST