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head of department is continuously failing/blocking my brother for taking revenge

(Querist) 15 May 2014 This query is : Resolved 
Respectfully Ld members, I am advocate , My Brother is sponsored candidate has pursued super specailization DM course in one branch of medicine (after 3 years obtaining MD) in reputable Medical Institute of India. But during the course of program there was dispute between the HOD and my brother and he threatened my brother to leave the course or else spoiled his career. My bother patiently faced this and approached the RDA who due to strong interference has to revert his decision. Then again and again he started pinching him over small trifling matters, whether patient care management postings or in lectures. My brother did not oppose his move but concentrated on studies .At the final examination he failed my brother .My brother reappeared but again he blocked him and reappeared for 3 time and there was 6 candidates , all of them get passed but my brother again failed. My brother has excellent track record at MBBS, MD and was selected in UPSC also.This all we know that as long as HOD remain in chair he will never let my brother to passed the examinations. During examinations the external examiner was called but there is always the influence by the HOD nad the rest of the examiners are the internal one which acted purely on its whims
Please give proper guidance as this amounts purely of the exploitation. I also wants to draw the attention that many students in past years had committed suicide as the Residential programs purely in the hands of the departmental heads
Kumar Doab (Expert) 16 May 2014
It is felt that a similar query has been discussed earlier also at:

http://www.lawyersclubindia.com/experts/Head-of-department-has-been-spoiling-his-career-441671.asp

You may go thru above thread.

The candidate should seek certified copies of the answer sheets, disclosure of answer sheets, he has written in exams from the college even if he has to pursue RTI route.
He may do so before the college states the copies have been destroyed.

The courts of law have ordered to the extent that fresh examination is conducted if the answer sheets have been destroyed.


You may pursue:

Supreme Court of India
Poonam Rani @ Poonam vs State Of Haryana & Anr. on 1 May, 2012
http://indiankanoon.org/doc/155649963/?type=print


Supreme Court of India
Centrlal Board Of Sec.Education & ... vs Aditya Bandopadhyay & Ors. on 9 August, 2011
http://indiankanoon.org/doc/1519371/?type=print


The record of complaints lodged to RDA (printed Versions) shall also be a matter on record.

The HOD, internal, external examiners have become parties in the case.

The lawyer may opine to call RDA on record in court if required.
Guest (Expert) 16 May 2014
Dear Yogesh,

Your brother can directly file a writ petition before Hon'ble High Court and get a direction for checking of answer sheet from an independent expert. The following example may be of some help: http://timesofindia.indiatimes.com/city/nagpur/Take-action-against-erring-valuators-Academicians/articleshow/6790663.cms
T. Kalaiselvan, Advocate (Expert) 17 May 2014
Well advised by experts, you may follow the advise of expert Mr. Kumar Doab if it suits.
Kumar Doab (Expert) 17 May 2014
The students of Nagpur University indeed have done a good job. They utilized the electronic media, social networking sites to propagate their cause.


The students, their parents, students unions should not loose time to make such offender famous.................and press the admin into action at ....................lightening speed.


Pls go thru links at:


---http://www.educationinindia.in/2012/11/24/students-take-to-facebook-in-fight-against-nagpur-university/


Students take to Facebook in fight against Nagpur University



---http://timesofindia.indiatimes.com/city/nagpur/Nagpur-University-asks-its-disciplinary-panel-to-expedite-inquiry/articleshow/14916167.cms

Nagpur University asks its disciplinary panel to expedite inquiry


---http://timesofindia.indiatimes.com/city/nagpur/After-years-delay-Nagpur-University-suspends-reval-scam-kingpin/articleshow/26655249.cms


After year's delay, Nagpur University suspends reval scam kingpin


The judgement can be viewed at:




IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4757/2010
Richa D/o Rajiv Inamdar,
VERSUS
Rashtrasant Tukadoji Maharaj
Nagpur University, Nagpur
Through its Registrar.
http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvbmFnanVkZ2VtZW50cy8yMDEwLyZmbmFtZT1DV1AxNjgzNzEwLnBkZiZzbWZsYWc9Tg==


The question arises:

AS claimed by VC of Nagpur Univ. in link posted by Mr. Khandekar::::::Is disciplinary action committee (DAC)'a statutory body'?


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