Calcutta High Court (Appellete Side)
The State Of West Bengal & Ors vs Keshab Lal Pradhan on 8 August, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
08.08.2014.
d.p.
M.A.T. 1346 of 2014
The State of West Bengal & Ors.
Versus
Keshab Lal Pradhan
Mr. Sadananda Ganguli,
Mr. Mintu Goswami,
Mr. Tapas Kr. Mondal.
...For the Appellants.
Mr. Partha Sarathi Bhattacharya,
Mr. Kumar Jyoti Tewari.
...For the Writ Petitioner/Respondent.
This Mandamus Appeal is directed against an order passed by a Learned Single Judge of this Court on 8th May, 2014 in W.P. No. 12355 (W) of 2014 whereby the Principal of J. B. Roy State Ayurvedic Medical College and Hospital was directed to admit the petitioner in the vacant seat available in the said Medical College & Hospital.
The legality and/or correctness of the said judgement and/or order passed by a Learned Single Judge of this Court is under challenge in this Mandamus Appeal at the instance of the appellants who were respondents in the writ petition.
Let us now consider the merit of the instant appeal in the facts of the instant case.
Admittedly, the writ petitioner was selected for counselling for his admission in Rajib Gandhi Memorial Ayurvedic Medical College and Hospital. He has already taken admission in the said Medical College. The academic session has already commenced and presently he is prosecuting his study in the said Medical College. He is seeking his transfer to J. B. Roy State Ayurvedic Medical College and Hospital where admittedly one seat still remains vacant.
Since his prayer for admission in the J. B. Roy State Ayurvedic Medical College and Hospital was not allowed, he came before this Court by filing a writ petition seeking issuance of direction upon J. B. Roy State Ayurvedic Medical College and Hospital for admitting him in the first year of the continuing session.
The Learned Single Judge of this Court was pleased to allow such prayer of the petitioner. Hence, the J. B. Roy State Ayurvedic Medical College and Hospital felt aggrieved. It has now come before this Court with this appeal.
It is an admitted position that the seat which still remains vacant in the said Medical College, is a seat reserved for Tripura quota.
Mr. Ganguli, Learned advocate appearing for the appellants submits that migration of the writ petitioner/respondent to J. B. Roy State Ayurvedic Medical College and Hospital in the first year of the said academic session cannot be allowed, as the provision relating to Migration IMCC (Minimum Standards of Education in Indian Medicine) (Amendment) Regulations, 1989 stands in the way of migrating the students from one Institution to another Institution in the first year of the academic session.
He has drawn out attention to the provision relating to such Migration which runs as follows:-
"Migration: The Students may be allowed to take the migration to continue his/her study to another college after passing the first year examination. Failed students transfer and mid-term migration will not be allowed. For migration, the students shall have to obtain the mutual consent of both colleges and universities and will be against the vacant seat after obtaining from CCIM."
After considering such submission relating to migration, we have no hesitation to hold that migration in the first year after commencement of the academic session is not permissible. Migration of the failed students from one College to another in the mid-term session is prohibited.
As such, we hold that the writ petitioner's prayer for such migration cannot be allowed presently; however his such prayer may be considered if he comes out successful in the first year examination, provided the Colleges and/or Universities concur to the petitioner's prayer for such migration and the CCIM gives 'no objection'.
That apart, we are informed that there are other candidates who were above the writ petitioner in the merit list and as such, the petitioner's prayer for migration can only be allowed if the students who were above the writ petitioner in the merit list are not inclined to migrate to the J. B. Roy State Ayurvedic Medical College and Hospital in the vacant seat available therein.
Under such circumstances, we dispose of this appeal by setting aside the judgement and impugned order passed by the Learned Single Judge and by directing the concerned authority to consider the petitioner's prayer for migration in the light of the discussion made hereinabove in case the petitioner after fulfilling all the aforesaid conditions seeks his migration from Rajib Gandhi Memorial Ayurvedic Medical College and Hospital to J. B. Roy State Ayurvedic Medical College and Hospital subsequently.
The appeal is thus, disposed of.
Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocate for the petitioner immediately.
( Jyotirmay Bhattacharya, J ) (Tapash Mookherjee, J.)