The Allahabad High Court has directed the respondents to ensure that the petitioner (students), MBBS 8th Semester of 2019 batch, to appear in the examination to be held from April 19 without any hindrance and the petitioners shall be permitted to stay in the hostel.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a petition filed by Shashank Shekhar And 2 Others.
Counsel for the petitioners submitted that by the order dated 13.04.2023, the petitioners have been expelled from the hostel and academic suspension has been imposed upon the petitioners. The impugned order is vague and lacks material particulars insofar as alleged acts of misconduct are concerned. The punishment is disproportionate to the alleged misconduct.
The petitioners are appearing in the ongoing Long Clinical Posting Schedule Examination as M.B.B.S 8th Semester (Batch 2019) students. The petitioners’ examination shall be held on 19.04.2023.
Counsel for the petitioners further submitted that the petitioners shall suffer irreparable loss in case interim protection is not granted.
The Court observed that the matter needs consideration.
“Till further orders of the Court the effect and operation of the impugned order dated 13.04.2023 shall remain stayed.
The respondent nos 3, 4, 6 and 7 are directed to ensure that the petitioners are permitted to appear in the aforesaid examinations which will be conducted on 19.04.2023.
The respondents shall also ensure that no impediment whatsoever is created in the petitioners’ writing/sitting in the aforesaid examination.
The petitioners shall be permitted to stay in the hostel without any hindrance. The petitioners undertake to abide by the rules of the institution and the hostel.
The respondents shall file an affidavit regarding the compliance of the order on the next date of listing”, the Court ordered.
The Court has fixed the next hearing of the petition on April 24, 2023.
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