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1990 DIGILAW 99 (GAU)

Prasanta Kumar Saws v. State of Assam & Ors.

1990-05-31

A.RAGHUVIR, S.N.PHUKAN

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S.N. Phukan, J.:- An advertisment was issued by the Director of Medical Education, Assam inviting application for admission in the post graduate degree or diploma courses in the subject mentioned in the advertisment in 3 medical colleges in Assam during the session 1989-90. Under clause 2 of the said advertisement eligibility of candi­dates for admission has bees mentioned. For the purpose of present petition clause 2(iv) (e) quoted below requires our consideration. "2 (iv) (e)-No candidate should be considered for admission to Post Graduate Degree or Diploma who has failed more than twice in the subject applied for or more than three occassions in all the University examinations taken together. The petitioner applied for admission, but the Selection Committee refused to consider his application on the ground that in view of above sub-clause 2(iv)(e) he is not qualified to be considered as he made several attempts in the 1st and 2nd M.B.B.S. Examination. 2. The petitioner got himself admitted in the 1st year M.B.B.S. course in Assam Medical College, Dibrugarh in October, 1981. He appeared and passed the 1st professional M.B.B.S course in Organic and Physical Chemistry in August, 1982. In regular course he was due to appear in the remaining 3 subjects of 1st professional M.B.B.S. Examination in July and August, 1983. According to petitioner due to sudden and serious illness of his grandmother he could not appear and he even did not fill up the examination form. He appeared in the remaining subject of 1st professional examination in December, 1983 and passed all the subjects. In the regular course he was to appear in the second professional M.B.B.S. Examination in July, 1985 and December, 1985, but he could not do so as he had to take his grand-mother to United Kingdom for medical treatment. Petitioner has stated that he is the sole heir of his grand-mother. Petitioner also did not submit his application form for the above examination. He appeared for the 2nd professional M.B.B.S. Exa­mination in June/July, 1986 and passed 4 subjects out of 5 and he appeared for the remaining subject in the examination held in the month of December, 1986 and passed the same. Petitioner was due to appear in the Final Examination in June, 1987 which he did and passed all the subject in the 1st attempt. Petitioner was due to appear in the Final Examination in June, 1987 which he did and passed all the subject in the 1st attempt. The Principal, Assam Medical College, Dibrugarh issued an attempt certificate dated 25th September, 1989 vide Annexure-VII indicating that the petitioner passed 1st M.B.B.S. Examination in December, 1983 in 2nd attempt, 2nd M.B.B.S. Examination in December, 1986 in 4th attempt and Final M.B.B.S. Examination in June, 1987 in the 1st attempt. Accor­ding to petitioner, the principal committed an error by indicating that he passed 2nd M.B.B.S. Examination in 4th attempt, inasmuch as, he neither filled in the forms nor appeared in the said examination when it was due in regular course as he had to attend his grand­mother and take her abroad for medical treatment. Petitioner further urged that the Selection Committee also wrongly interpreted the above clause 2(iv)(e) of the advertisement in view of the above facts. 3. We have heard Dr. Das, learned counsel for the petitioner and Mr. Prasad, learned Sr. Govt. advocate. 4. The word 'fail' has not been defined in the advertisement in question. It is settled principle of interpretation of any statute, rules etc. that the general words ought to be construed generally and in doing so help of Dictionary can be taken. According to Chambers Twentieth Century Dictionary (New Edition) the word 'fail' means "to fall short or be wanting...............to prove deficient under trial, examination pressure etc,..............to declare deficient after examination & failure specially in an examination." 5. In our opinion a candidate can be treated to have failed if he is found deficient after examination. In other words, he has to appear otherwise the question of finding him deficient cannot arise. We may make it clear that 'appear' does not mean that the candi­date should sit in all the papers. If he appears on the 1st day of the examination and thereafter does not appear in other papers be can be treated to have failed in the examination. In the case in hand, the petitioner not to speak of sitting in any paper he did not even filled up the forms for the reasons stated and by no strech of imagination it can be said that the petitioner failed in the examination in question. 6. In the case in hand, the petitioner not to speak of sitting in any paper he did not even filled up the forms for the reasons stated and by no strech of imagination it can be said that the petitioner failed in the examination in question. 6. The Selection Committee presumably refused to consider the case of the petitioner on the basis of the certificate issued by the Principal wherein it has been stated that he passed the 2nd M.B.B.S. Examination in 4th attempts. We have to consider the meaning of attempt for the present purpose. According to above dictionary. thewords 'attempt' means "to try, endeavour............................................... to make an attempt (n. an effort)................" So to treat the petitioner to have passed in 4th attempts the 2nd M.B.B.S. Examina­tion it must be shown that the petitioner made an endeavour or tried or make an effort to appear in the previous examinations. As stated above the petitioner has clearly stated that he did not even fill in the forms for the said examination due to illness of his grand­mother. The question of making an attempt cannot arise. In our opinion, the certificate issued by the Principal is not sustainable for what has been stated above. 7. On being asked by us Mr. Prasad, the learned Sr. Govt. Advocate has informed that the life of the Selection Committee still survives as it is a standing one. We, therefore, direct the Selec­tion Committee to take fresh interview of the petitioner in the light of the interpretation of the above clause 2(iv)(e) given by us and if he is otherwise found qualified he may be admitted in the current academic session of the Post Graduate Course. The Selection Com­mittee shall meet within 15 days for the purpose of interviewing of the petitioner and petitioner shall be informed of be date fixed for interview. We further quash the attempt certificate is sued by the Principal, Assam Medical College, Dibrugarh on 25th September, 1989 annexure-IV of the petition and direct the Principal to imme­diately issue a fresh certificate in the light of our above decision.