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Manmohan Singh Dodwa Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

Manmohan Singh Dodwa

Respondent

The State of Madhya Pradesh

Excerpt:


.....m.p.& others w.p.17002 of 2011].though the prayer is opposed by shri jain but in madhusudan bamaniya (supra) this court on 14.2.2013 has passed an order which reads thus :- petitioner alongwith ms.rekha shrivastava, counsel, present. shri rahul jain, dy.ag alongwith oic of the case namely dr.b.k.guha, present. shri piyush bhatnagar, counsel for respondent no.4. shri g.r.chandravanshi, s.i./investigating officer is also present. dr.guha explained his opinion about photograph of the petitioner vis-a-vis photograph submitted in the college. it is submitted by him that inspite of instruction by the medical college, police are not making investigation seriously and have also no.2...w.p.no.21656 of 2012 manmohan singh dodwa state of m.p.& ors 12.03.2013 taken thumb impression of the student in respect of whom the college had reported that the student had got admission by impersonation. it is also submitted by dr.guha that police have written a letter to the dean for production of the student, but the dean is not in a position to produce the student before the police. it is for the police to investigate the matter and submit their report. shri chandravanshi, investigating officer.....

Judgment:


1...W.P.No.21656 of 2012 Manmohan Singh Dodwa State of M.P.& ors 12.03.2013 Shri Rajendra Tiwari, learned Senior Advocate with Shri R.K.Tripathi, Counsel for the petitioner.

Shri Rahul Jain, Dy.

A.G.for the State.

Shri Jain submits that he may be allowed a week's time to file reply because the report of forensic lab has not been received till date.

Prayer is not opposed, hence it is allowed.

At this stage, Shri Tiwari learned counsel for the petitioner submitted that on 21.12.2012 he was not aware in respect of the factual position that the petitioner was already suspended from the classes.

It is submitted that till date no report of forensic lab has been received in respect of impersonation of the petitioner for appearing in the PMT test.

It is submitted that the petitioner may be permitted to attend the classes as has been permitted in the case of Madhusudan Bamaniya versus State of M.P.& others W.P.17002 of 2011].Though the prayer is opposed by Shri Jain but in Madhusudan Bamaniya (supra) this Court on 14.2.2013 has passed an order which reads thus :- Petitioner alongwith Ms.Rekha Shrivastava, Counsel, present.

Shri Rahul Jain, Dy.AG alongwith OIC of the case namely Dr.B.K.Guha, present.

Shri Piyush Bhatnagar, Counsel for respondent No.4.

Shri G.R.Chandravanshi, S.I./Investigating Officer is also present.

Dr.Guha explained his opinion about photograph of the petitioner vis-a-vis photograph submitted in the College.

It is submitted by him that inspite of instruction by the Medical College, police are not making investigation seriously and have also No.2...W.P.No.21656 of 2012 Manmohan Singh Dodwa State of M.P.& ors 12.03.2013 taken thumb impression of the student in respect of whom the college had reported that the student had got admission by impersonation.

It is also submitted by Dr.Guha that police have written a letter to the Dean for production of the student, but the Dean is not in a position to produce the student before the police.

It is for the police to investigate the matter and submit their report.

Shri Chandravanshi, Investigating Officer submits that he is investigating the matter since last 1½ yeaRs.but from the perusal of the report of the Forensic Lab dated 23.5.2012, we find that the required photographs were not furnished to the Forensic Science Laboratory, Sagar till date.

The investigating officer is directed to make available these photographs to the Forensic Science Laboratory within a period of one week from today.

After the report by the Forensic Science Laboratory, the matter be referred to a team of three experts in the subject of which one person should be a professor of Anatomy of any other Medical College except Jabalpur.

Aforesaid team shall be constituted by the Secretary, Medical Education within a week from today.

Aforesaid team will examine the matter critically and submit its report within a period of three weeks from the date of constitution of the committee.

At this stage, it is submitted by the petitioner that he has not been permitted to prosecute studies since last 1½ years and if petitioner is not permitted to prosecute studies, he may suffer irreparably, in case this petition is allowed.

On raising such contention, we asked Dr.Guha whether petitioner is the same person whose photograph was found affixed in the form of Pre-Medical Test.

In reply, it is submitted by Dr.Guha that petitioner is the same person of which photograph was affixed in the form of Pre-Medical Test, but it is further submitted by him that the student who was attending the classes was a different person.

3...W.P.No.21656 of 2012 Manmohan Singh Dodwa State of M.P.& ors 12.03.2013 Considering aforesaid, we permit the petitioner to attend the classes which shall be subject to final order in this petition.

Before attending the classes, petitioner shall appear before the investigating officer and permit the investigating officer to take his photograph including finger print.

Aforesaid be done by the investigating officer within a period of three days from today and from Monday, petitioner shall be entitled to attend the classes as directed hereinabove.

In the present case the position is little different, the report of the forensic lab has not been received while in the case of Madhusudan Bamania, it has been received.

In view of the aforesaid circumstances, we permit the petitioner to attend the classes which shall be subject to final order in this petition.

Before attending the classes, petitioner shall appear before the investigating officer and permit the investigating officer to take his photograph including finger print.

Aforesaid be done by the investigating officer within a period of one week from today and immediately thereafter petitioner shall be permitted to attend the classes as directed hereinabove.

It is made clear that this order has been issued by way of ad interim measure and the petitioner shall not be entitled to claim any equality merely on the basis of this ad interim measure.

C.C.as per rules.

(Krishn Kumar Lahoti) (M.A.Siddiqui) Judge Judge vj 4...W.P.No.21656 of 2012 Manmohan Singh Dodwa State of M.P.& ors 12.03.2013


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