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Madhya Pradesh High Court

Laxmi Dhakad vs The State Of Madhya Pradesh Revenue Dep. on 15 December, 2015

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W.P.No.64/2015

15/12/2015
      Shri Amit Lahoti, learned counsel for the petitioner.
      Shri Praveen Newaskar, learned Govt. Advocate for
the respondents No.1 & 2/State.

Smt. Nidhi Patankar, learned counsel for the respondent No.3.

Shri Vivek Khedkar, learned Assistant Solicitor General of Union of India for respondent No.4/CBI (VYAPAM cell Bhopal).

Heard on the question on admission.

On behalf of petitioner, this petition is preferred for issuing the appropriate writ against the authorities of respondents for the following reliefs :-

1. That, the respondents may kindly be directed to issue Internship Completion Certificate in favour of the petitioner.

2. That, the respondent No.3 may kindly be directed to issue the NOC in favour of the petitioner.

3. Any other relief which this Hon'ble Court deems fit may kindly be issued in favour of the petitioner.

Petitioner's counsel after taking us through the petition as well as annexed papers and some of the averments of the reply filed on behalf of the authorities of respondents argued that although the name of present 2 W.P.No.64/2015 petitioner was stated in the initial complaint by the Enquiry Committee of the Medical College as stated in the return of the concerning college but till date the petitioner has not been charge-sheeted with respect of any alleged offence before any Court. In continuation, he said that at the initial stage, during the course of enquiry which on its conclusion, the petitioner was suspended from the classes of MBBS in which he was studying and was also subject to show cause notice, on filing the reply of the same by the petitioner. On consideration the petitioner was permitted by the management of the college to continue his study in the classes and internship. On completing the internship, the college management is not giving the requisite certificate of the same and in the lack of such certificate, the petitioner is not in a position to go for a higher study of PG and in the lack of such certificate, he could not get the admission in PG classes, in spite passing the qualified examination. So in the available circumstances, when the petitioner neither charge- sheeted nor facing any trial of criminal case, if the internship completion certificate is not issued by the medical college respondent No.3 to the petitioner then the future career of petitioner may be destroyed because in the lack of PG, the petitioner could not make his bright future in the field of medical science.

On the other hand, the counsel for respondent No.3 Smt. Nidhi Patankar apprised us that on consideration of the reply of show cause notice, issued to petitioner after his suspension, on certain terms and conditions as stated in the Annexure P-2 and according to her further submission, the petitioner has not fulfilled such conditions and subject to such conditions, he was permitted to continue his study and internship. She also stated that petitioner has completed his internship but during the pendency of investigation of the case with the CBI and the correspondence between the CBI and the College Management, the college authorities are not in a position to issue the internship certificate to the petitioner.

The CBI counsel submits that the supplementary investigation of the criminal case is being carried out and till date the petitioner has not been arrested by its Agency but in future, if necessary, then CBI Agency may proceed against the petitioner also, but subject to availability of the prima facie evidence and circumstances against him.

State counsel Shri Praveen Newaskar submits that he is adopting the argument advanced by Smt. Nidhi patankar.

Keeping in view the aforesaid argument advanced by the counsel present and in the available circumstances, this petition is hereby admitted for final hearing.

Respondents' counsel have taken notice of this admission, hence, no further notice is required to be issued.

In the available circumstances, as an interim measures, the authorities of respondent No.3 is directed to issue the internship completion certificate to the petitioner as early as possible on or before 15th January 2016, if he has successfully completed internship and passed out its examination. It is further observed that said certificate be issued to the petitioner after obtaining an undertaking from him that subject to final decision of the petition on arising occasion, he will abide the decision of this petition and if necessary he will surrender such certificate in the office of the authorities of respondent No.3. In such premises, it is also observed that such certificate shall be deemed to be subject to any future interim order or final order of this petition.

Looking to the nature of the case, office is directed to list this case along with W.P.Nos.7095/2015 & 5458/2014 for final hearing in the caption of High Court Expedite case.

       (U.C.Maheshwari)                 (Sushil Kumar Gupta)
           Judge                              Judge
bj/-