Madras High Court
R.Shabana vs The Tamil Nadu Dr.M.G.R on 27 July, 2012
Author: M.Jaichandren
Bench: M.Jaichandren
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 27-07-2012 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.11341 of 2011 R.Shabana .. Petitioner Versus 1. The Tamil Nadu Dr.M.G.R Medical University, 69, Anna Salai, Chennai-32, rep. By its Registrar. 2. The Academic Officer (FAC) The Tamil Nadu Dr.M.G.R. Medical University, 69, Anna Salai, Chennai-32. 3. JSS Institute of Naturopathy & Yogic Science, No.80, Long Wood, Mysore Road, Ooty, The Nilgiris-643 001, rep. By its Principal. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the records pertianing to the order, dated 1.2.2011, of the second respondent under Rc.No.AC-II(1)/48191/2010, quash the same order dated 1.2.11 of the 2nd respondent and to pass an order directing the 1st and 2nd respondents to issue the Provisional Certificate II to the petitioner. For Petitioner : Mr.Lenin For Respondents : Mrs.Narmadha Sampath (R1 & R2) Mr.G.Thamizhazhagan (R3) O R D E R
Heard the learned counsel for the petitioner, as well as the learned counsels appearing on behalf of the respondents.
2. The petitioner has stated that she had joined in the third respondent college, for pursuing Bachelor of Naturopathy and Yogic Sciences Degree course, during the academic year, 2003-2004. She had successfully completed the degree course, in the month of February, 2008. Thereafter, the first respondent had issued a Provisional Certificate, on 13.5.2008. The petitioner had started her one year Compulsory Internship, from 20.5.2008. However, there was a break in the internship, from 19.8.2008, for about a year, as she had delivered her first child, on 21.10.2008. Therefore, she had continued her internship, from 19.9.2009 and completed the same, on 22.6.2010, under the third respondent college. Thereafter, the petitioner had applied for obtaining the second provisional certificate, from the first respondent, for having obtained the degree of Bachelor of Naturopathy and Yogic Sciences. However, the petitioner had been informed, by the second respondent, that she had to apply for condonation of the period of break in her internship. Therefore, the petitioner had applied for the condonation, through the third respondent, on 2.11.2010, after paying the prescribed fee of Rs.1100/-.
3. The petitioner has further stated that the second respondent, by a letter, dated 21.1.2011, had directed her to remit the sum of Rs.3,000/-, through an online Indian Overseas Bank chalan. Accordingly, the petitioner had paid the said amount. She had also made a representation, dated 28.1.2011, for condoning the break in her internship and for the issuance of her provisional certificate II. While so, by a letter, dated 1.2.2011, the second respondent had condoned the break in the internship of the petitioner. However, the second respondent had intimated the third respondent that the petitioner had a break in her internship, for more than ninety days, before completing the mandatory 50% postings and that she had continued her internship, from 19.9.2009 till 22.6.2010, without obtaining the prior permission of the first respondent University and therefore, the petitioner had to re-do the entire one year period of her internship, without any further break. In such circumstances, the petitioner has preferred the present writ petition, before this Court, under Article 226 of the Constitution of India.
4. In the counter affidavit filed on behalf of the third respondent it has been stated that the petitioner had started her one year internship, on 20.5.2008, and had continued the same till 18.8.2008. Thereafter, she had taken a break from the internship, as she had delivered a child. It had been further stated that, when the petitioner had rejoined, to continue her internship, the issue had been discussed with the then academic office of the first respondent University. Thereafter, the petitioner had been allowed to continue her remaining internship, from 10.9.2009 to 22.6.2010, with the consent of the first respondent University. After the completion of the internship, the third respondent had issued the Compulsory Rotatory Residential Internship Completion Certificate, on 10.8.2010. However, the third respondent had been informed that the petitioner had a break in internship, for more than ninety days, before completing the mandatory 50% postings and had continued her internship, from 19.9.2009 till 22.6.2010, without obtaining the prior approval of the first respondent University and therefore, she had been directed to re-do the entire one year period of internship, without any further break.
5. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondents, and on a perusal of the records available, it is seen that the petitioner had completed the Bachelor of Naturopathy and Yogic Sciences Degree course, in the month of February, 2008. Thereafter, she had started her compulsory Rotatory Residential Internship, from 20.5.2008. However, from 19.8.2008, she had taken a break from her internship, for about a year, as she had given birth to a child. Thereafter, she had continued her internship, from 19.9.2009 and had completed the same, on 22.6.2010, as she had been permitted to do so, by the third respondent college, after obtaining an opinion from the then academic office of the first respondent university. However, the degree completion certificate had not been issued to the petitioner, as the petitioner had been informed, by the second respondent, that she should apply for condonation of the period of break in her internship, as it was for a period of more than 90 days before she had completed the mandatory 50% postings. Thereafter, the petitioner had applied for the condonation of the period of break in her internship and had also remitted a sum of Rs.3000/-, for considering her application.
6. In such circumstances, this Court finds it appropriate to direct the respondents to permit the petitioner, to complete the Compulsory Rotatory Residential Internship, as a part of the Naturopathy and Yogic Sciences Degree Course, completed by the petitioner, for an additional period of three months, on her complying with the other requirements, if any, as specified by the respondents. After the completion of the three months of the internship, by the petitioner, as permitted by this Court, the respondents shall take appropriate steps to issue the provisional degree certificate, to the petitioner, on the petitioner making such a request, as expeditiously as possible. The writ petition is ordered accordingly. No costs.
Index:Yes/No 27-07-2012 Internet:Yes/No csh M.JAICHANDREN,J.
csh To
1. The Tamil Nadu Dr.M.G.R Medical University, 69, Anna Salai, Chennai-32, rep. By its Registrar.
2. The Academic Officer (FAC) The Tamil Nadu Dr.M.G.R. Medical University, 69, Anna Salai, Chennai-32.
Writ Petition No.11341 of 2011 27-07-2012