Madhya Pradesh High Court
Uttam Singh Lodhi vs Dr. Hari Singh Gour University, Sagar on 27 April, 2016
WP-13254-2014
(UTTAM SINGH LODHI Vs DR. HARI SINGH GOUR UNIVERSITY, SAGAR)
27-04-2016
Shri Atul Anand Awasthi, learned counsel for the petitioner.
Smt. Shobha Menon, learned Senior Counsel with Ms. Ankita
Khare, learned counsel for the respondent No.1.
Shri Swapnil Ganguli, learned counsel for the respondents No.2, 3 and 5.
Shri K.N. Pethia, learned counsel for the respondents No. 4 and 6.
Shri Abhilash Kumar, learned counsel for the respondent No.7.
The petitioner is a student, who have taken admission in BHMS Degree Course in the academic session in question and and who said to have completed his course and internship during the academic period of 2012-2013 has filed this petition and makes a prayer that he has completed his rotatory internship in accordance with the requirement of rules and regulations a completion certificate of internship be issued to him. On notice being issued, the respondents filed a detailed reply and from the detailed reply, we find that the petitioner has not completed the requisite period of training in the internship as required under the regulations formulated by the Central Council for Homeopathy. It is stated that as and when the petitioner completes the required internship in accordance with the rules, the completion certificate can be issued to the petitioner. After such statement is made by the respondents, learned counsel for the petitioner submits that the petitioner is willing to complete his remaining part of internship and on petitioner completing the same the respondents be directed to issue him the completion certificate.
Grant of a certificate of completion and various other aspects of the matter pertaining to issuance of a degree in question is governed by the statutory rules and regulations framed under the Central Council Act, 1973 and the rules framed thereunder particularly Homeopathy (Degree Course) Regulations 1983 and Homeopathy Central Regulatory Rules. Once for the purpose of completion of course including completion of an internship a statutory rule is prescribed as contained in Clause-II of Annexure-A to the Regulation 3(ii) of Regulations of 1983. A writ court can issue a mandamus to a statutory body or a university for issuance of a certificate only when the required formalities and all the requisites under the Regulations are completed. Apparently as is evident from the record, in this case the petitioner has not completed the internship in accordance with requirement and the petitioner says that he is willing to complete the same. Once we find that the petitioner has not completed the requisite formalities as required under the Regulations, no mandamus can be issued to the respondents as prayed for for issuing a certificate to him. If the petitioner is entitled in law to complete the remaining part of internship and to complete the requirement of Regulations to represent the competent authority and it is for the competent authority to permit the petitioner to complete the rotatory internship in accordance with the requirement of Regulations and once the petitioner fulfills the requirement of Regulations it is for the authority to consider his case for grant of internship certificate. In the present case, once it is clear that the petitioner as on date has not completed the internship in accordance with the requirement of Regulations, we see no reason to make indulgence in the matter or to issue any mandamus. Accordingly in the present case, no case is made out for issuing mandamus. The petition is dismissed with a liberty to the petitioner to proceed in the matter as indicated herein above by making appropriate representation application to the respondents for permitting him to complete rotatory internship and it is for the respondents to consider the same and take action in accordance with the requirement of law. With the aforesaid, the petition stands disposed of. CC as per rules.
(RAJENDRA MENON) (ANURAG KUMAR
JUDGE SHRIVASTAVA)
JUDGE