Surabhi Kumari vs State Of Jharkhand

Rajesh Kumar, J

The writ petition has been filed for the following relief(s):-

(A) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of certiorari for quashing of letter dated 24.07.2024 (as contained in Annexure- 3 to this writ application) by which the petitioner was suspended by the Dean of Faculty under the instruction of the respondent no.3 when the petitioner was 1 year MBBS student on account of the fact that the petitioner was arrested and taken into custody on 19.7.2024 in connection with Shastrinagar P.S.  Case  No.358  of  2024  for  allegation  of  offence  under Sections,  407,  408,  409  and  120B  of  L.P.C.  and  later  on CBI reregistered this F.I.R.  as R.C. No.221/2024/E0006- CBI/EO-111/New Delhi pending in the court of learned Special Judge, CBI-II, Patna as there is no such provision under  Prevention  and  Prohibition  of  Ragging  in  Medical College and Institution Regulation, 2021: National Medical Commission Act, 2019; Medical Education Guidelines, 2023 read with RIMS Act and Rules 2002 and its amendment in terms of Regulation 2014 does not give any power under any of the provisions for issuing the suspension order against a candidate pursuing MBBS course or for any act done outside the campus of the college in any case there is no power of suspension, hence issuance of the impugned order of suspension is illegal, void and without jurisdiction.

AND/OR

(B) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of certiorari for quashing of letter dated 19.5.2025 (as contained in Annexure-4 to this writ application) after the suspension made by the respondent no.3 again on 19.5.2025  a  direction  was  issued  to  the  respondent  no.3 to suspend the petitioner by NMC which is in violation of National Medical Commission Act, 2019; Medical Education Guidelines, 2023 and the Prevention and Prohibition of Ragging in Medical College and Institution Regulation, 2021 does not entail any power or any provision to suspend the candidate for act and commission of offence as that of in the present case.

AND/OR

(C) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus  commanding  upon  the  respondents  to  let  the petitioner participate in the examination to be held in the month of November, both theory and practical examination i.e. 3rd terminal examination, for which the tentative schedule date of examination for MBBS Batch 2023 on 8.5.2025 has already been published and the petitioner was earlier also allowed to appear in the 1" professional MBBS supplementary examination on parole by the Hon'ble Patna High Court.

AND/OR

(D) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to declare the action of the respondent authorities as much as suspending the petitioner from the college as well as from the hostel is illegal, void and without jurisdiction as allegation for the offence against the petitioner cannot be tried  and  the  respondents  cannot  make  inquiry  which  is within the domain of investigation agency and the trial court  who  are  the  competent  authorities  to  make  trial  of the  cases,  may take  orders,  even  the suspension  usually presupposes  initiation  and  contemplation  of  inquiry  and admittedly no inquiry has been initiated against the petitioner from the respondent side, even if the respondent wishes or proposes to initiate inquiry it is not possible  for  them  to  make  inquiry  for  the  charges  which is subject matter of investigation agency as well as the trial court because any act done by the petitioner has been done outside the college campus and no act has been done by the petitioner in the college and suspension in  contemplation  of  inquiry  by  the  respondent  is  nothing but futile exercise or a farce.

AND/OR

(E) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to stay the suspension of the petitioner as the petitioner cannot be put under suspension for indefinite period unless there is any statute or regulation which provides for suspension/rustication or even cancellation of the admission of the candidate involved in the criminal offence.

(F) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to stay the order  of  suspension,  if  allowed  to  continue  then  the  loss shall  be  irreparable  and  irreversible  and  in  as  much  as the period which the criminal trial will take the petitioner would not be able to continue with her studies and her future will be left in lurch even if the petitioner is ultimately  acquitted,  she  would  have  lost  precious  years of the student life doing nothing.

(G) For issuance of appropriate writ(s), direction(s) and/or order(s), particularly a writ in the nature of mandamus commanding upon the respondents to reconsider the case of the petitioner in respect of the suspension  arising  out  of  the  same  F.I.R.  and  which  has been converted by the CBI in R.C. Case, two of the accused  suspension  orders have  already  been stayed  by the Hon'ble High Court of Rajasthan at Jodhpur i.e. in S.B. Civil Writ Petition No.11030/2025 and S.B. Civil Writ Petition No.11050/2025 as they were question solver not the persons who leaked the question papers of NEET UG and the case of the petitioner is same and similar and the petitioner cannot be discriminated from others arising out of the same criminal case, their suspension has been stayed by the Hon'ble Court.

AND/OR

(H)  For  stay  of  the  operation  of  impugned  letters  dated 24.07.2024  and  19.05.2025,  as  contained  in  Annexure-3 and 4 to this writ application till the final disposal of this writ application.”

It appears that the petitioner is a student of MBBS in RIMS and she has taken admission in the academic year 2023.

There was an allegation of leak of question paper and this petitioner has been made accused as a solver of the question paper. F.I.R. has been registered numbered as R.C. No. 221/2024/E0006/EO- III/CBI, New Delhi (Annexure-5).

On the strength of the said criminal case, the candidature of the petitioner has been suspended by the RIMS vide order dated 24.07.2024 (Annexure-3). This has been justified by the RIMS authority  on  the  strength  of  the  order  dated  19.5.2025  (Annexure-4), communicated by the National Medical Commission.

Learned  counsel  for  the  petitioner  has  submitted  that  the  same issue  and  the  circumstances  have  been  dealt  by  the  two  High  Courts i.e., Annexure  9 and Annexure-10  wherein  finding has been recorded that the college in  question has no authority to suspend the student. However, so far as National Medical Commission is concerned, it has also been held that effective order can be passed only on the conclusion  of  the  proceeding,  which  has  neither  been  drawn  nor  has been brought to the notice of the Court.

The  issue  framed  and  decided  by  the High  Court  of  Judicature for Rajasthan at Jodhpur in the case of Vikas Vishnoi Vrs. Controller of Examinations, Rajasthan University of Health Sciences, Jaipur and others in S.B. Civil Writ Petition No. 8864 of 2025 and other analogous cases and the High Court of Judicature at Madras in the case of Amit Kumar Vrs. National Medical Commission & others  in W.P No. 28825 of 2025 and other writ miscellaneous petitions are not being jotted down in detail as it will be a repetition.

Suffice it to say that the crux of the matter is whether the N.M.C  could  suspend  a  candidate  or  not?  The  same  can  be  done  by initiating a proceeding and recording a finding and then only effective order can be passed.

In the present case, no such proceeding has been drawn and as such, following the mandate of the above High Courts in the aforesaid cases, the following order is hereby passed similar to the order passed by the High Court of Judicature at Madras in the case of Amit Kumar Vrs. National Medical Commission & others (supra):

1) The  petitioner's  suspension order  dated  24.07.2024  (Annexure- 3) and letter dated 19.05.2025 (Annexure-4) whereby a direction  was  given by the  N.M.C to the  RIMS apprise about the follow up action taken after the suspension of the petitioner are  hereby  quashed  and  set  aside.  The  suspension  is  treated  as quashed from the date of this order. The respondent college shall forthwith allow  the petitioner  to attend classes and avail the hostel facility.

2) If the petitioner fulfills the requisite attendance criteria, she shall be allowed to appear in the ensuing examination in accordance with law. The petitioner shall be allowed to complete  the course,  but the respondents  shall  not issue her  a degree or register her unless the trial is concluded and she is acquitted of the charges.

3) If the petitioner is held guilty in the trial, the National Medical Commission (NMC) shall be free to take an appropriate decision in accordance with law, which may include cancellation of her admission to the medical course. It is needless  to  state  that  if  the  petitioner  is  acquitted,  she  shall  be issued a degree as soon as she is acquitted.

With the above observations and directions, the present writ petition stands disposed of.