Rajasthan High Court
Dr. Surendra Kumar Meena Son Of ... vs State Of Rajasthan on 16 November, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1192/2022
Dr. Surendra Kumar Meena Son Of Shri M.l. Meena, Aged About
42 Years, Senior Demonstrator (Forensic Medicine) Medical
College, Kota R/o Flat No. 104, Sanrachana Avenue, Near Mbs
Hospital, Nayapura, Kota.
----Appellant
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical Education, Government
Secretariat, Jaipur, Rajasthan.
2. The Registrar, Rajasthan University Of Health Science,
Kumbha Marg, Pratap Nagar, Jaipur.
3. The Controller Of Examination, Rajasthan University Of
Health Science, Kumbha Marg, Pratap Nagar, Jaipur.
4. The National Medical Commission, Through Secretary,
Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi-
110077.
----Respondents
For Appellant(s) : Mr Sanjeev Kumar Singhal
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
16/11/2022
This intra-court appeal is filed by the petitioner-
appellant being aggrieved with the order dated 24.08.2022 passed
by learned Single Judge, whereby the writ petition filed by the
petitioner-appellant has been dismissed.
In the writ petition, the petitioner-appellant prayed that
he may be declared eligible and entitled to participate in the
examination of P.G. Diploma Course. He further prayed that the
bar imposed by the Rajasthan University of completing the course
(2 of 3) [SAW-1192/2022]
in five years may be declared arbitrary and illegal and contrary to
the Regulation of MCI. The petitioner-appellant also prayed that
the respondent Nos. 2 and 3 may be directed to allow him to
participate in P.G. Diploma Examination, which was scheduled
from 29.05.2017 to 02.06.2017.
Brief facts of the case are that the petitioner-appellant
while working as Senior Demonstrator (Forensic Medicine) at
Government Medical College, Kota was selected for pursuing Post
Graduate studies of in-service Teacher (Senior Demonstrator) in
May, 2009 and directed to work under the Head of Department of
Forensic Medicines of SMS Medical College, Jaipur. The petitioner-
appellant was denied to appear in the examination by the
respondent-University on the ground that he did not complete the
requisite training and, therefore, was not eligible to appear in the
examination.
Dealing with the rival contentions, learned Single Judge
has observed that the petitioner-appellant was not having any
Guide under which he could have completed the course. It has
further been observed by the learned Single Judge that the
petitioner-appellant did not work under any Guide and not submit
dissertation to make him eligible to appear in the examination. It
is also observed by the learned Single Judge that the petitioner-
appellant has approached this Court with delay as he himself has
claimed that he has completed the training of three years, after
granting admission in the Post Graduate Course in 2009, that
period of three years had completed in 2010, however, he filed
this writ petition in the year 2017 only.
It has also been observed by the learned Single Judge
that the petitioner-appellant continued to work as Senior
(3 of 3) [SAW-1192/2022]
Demonstrator at Government College, Kota in absence of any
Guide, therefore, he cannot claim any right to appear in the
examination. Considering the fact that the petitioner-appellant
failed to complete proper training under any Guide and also not
submitted any dissertation, he cannot be held to be eligible to
write in the examination.
The learned Single Judge has also rejected the
contention of the petitioner-appellant that he has rendered
satisfactory services and also obtained adequate experience to
pass the P.G. Course, therefore, he may be permitted to appear in
the examination while observing that the manner in which the P.G.
Course has been pursued by the petitioner-appellant without
submitting dissertation under a Guide and without having proper
training, the claim of the petitioner-appellant to declare him as
eligible to appear in the P.G. Examination cannot be accepted.
Having heard learned counsel for the parties and after
going through the material available on record, we are of the view
that the learned Single Judge has not committed any error in
dismissing the writ petition filed by the petitioner-appellant
because the petitioner-appellant did not take proper training under
the guidance of any Guide and even did not submit his
dissertation. He cannot be declared eligible to appear in the P.G.
Examination.
In view of the above, we do not find any force in this
appeal and the same is, therefore, dismissed.
(VINOD KUMAR BHARWANI),J
(VIJAY BISHNOI),J
masif-PS/609
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