Karnataka High Court
Jayalakshmi N vs The Secretary on 28 July, 2017
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
WRIT PETITION NO.22111/2017 (EDN.RES)
BETWEEN:
JAYALAKSHMI.N
D/O N.NEELAKANTAPPA,
AGED ABOUT 24 YEARS,
RESIDING AT NO.B/9,
001, GANGA BLOCK,
BDA APARTMENTS,
VALAGERAHALLI, KENGERI,
BANGALORE-560079.
... PETITIONER
(BY SRI MALLIKARJUNASWAMY B HIREMATH, ADVOCATE.)
AND:
1. THE SECRETARY
CENTRAL COUNCIL OF INDIAN MEDICINE,
D1/14, SEWA MARG, POCKET D1,
JANAKPURI, NEW DELHI,
DELHI-110058.
2. THE REGISTRAR,
RAJIV GANDHI UNIVERSITY OF HEALTH,
SCIENCE, KARNATAKA,
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560041.
KARNATAKA.
3. DIRECTOR,
DEPARTMENT OF AYUSH,
DHANWANTRI RAOD,
NEAR ANANDRAO CIRCLE,
2
BANGALORE-560 009.
4. SHRI SIDDHIVINAYAKA RURAL
AYURVEDIC MEDICAL COLLEGE,
HARUGERI-591 220,
RAIBAG TALUK, BELGAUM DISTRICT,
REP BY ITS PRINCIPAL.
RESPONDENTS
(BY SRI MAHESH WODEYAR, ADVOCATE FOR R1)
(BY SRI KRISHNA, ADVOCATE FOR R2)
(BY SMT.K.VIDYAVATI, AGA FOR R3)
(BY SRI G.I.GACHHINAMATH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING
THE RESPONDENT NO.4 TO ISSUE NO OBJECTION
CERTIFICATE TO THE PETITIONER TO CONTINUE HER
INTERNSHIP AT SHRI DHARMASTHALA MANJUNATHESWARA
INSTITUTE OF AYURVEDA AND HOSPITAL, BENGALURU-
MYSORE ROAD, BANGALORE BY CONSIDERING THE
REPRESENTATION DATED 11.05.2017 GIVEN BY PETITIONER
AT ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING B GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner has sought for the following relief.
(a) Issue a writ in the nature of writ of mandamus directing the respondent No.4 to issue No Objection Certificate to the Petitioner to continue her internship 3 at Shri Dharmasthala Manjunatheswara Institute of Ayurveda and Hospital, Bengaluru-Mysore Road, Bangalore by considering the Representation dated 11.05.2017 given by Petitioner at Annexure-L.
(b) To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and in the circumstances of the above case.
2. Brief factual matrix of the case is that, in the year 2012-13, the petitioner has secured a free medical seat under merit quota in respondent No.4- Institution. The petitioner has completed her Bachelor of Ayurvedic Medicine (BAMS) in the year 2016-17. As her parents are very poor and they are having lot of ailments she wanted to do her internship at Bengaluru instead in the 4th respondent-Institution. Therefore, she made a request to the 4th respondent for issuance of 'No Objection Certificate' to do her internship at 4 Bengaluru in Shri Dharmastala Manjunatheshwara Institute of Ayurveda and Hospital situated on Bengaluru-Mysore Highway. The respondent No.4 instead of ascertaining the genuineness of the said application, under the guise of following certain guidelines and the Rules and Regulations, they requested her to produce "No Objection" from the institution, to which she wanted to go to and prosecute internship. In obedience to the said request the petitioner has obtained no objection from Shri Dharmastala Manujnateheshwara Ayurvedic Hospital as per Annexure-J dated 05.05.2017, in which the said institution has stated that, they have 'No Objection' for granting permission to the petitioner to under go one year internship training in the their institution. Again on the said letter she approached the respondent No.4 for issuance of 'No Objection'. Again the respondent No.4 told her to bring no objection or permission from the AYUSH Department. 5 Again she was obliged to go before the AYUSH Department to make an application for issuance of 'No Objection' as requested by the respondent No.4- Institution. As per Annexure-M, the AYUSH Department also vide its letter dated 30.05.2017 has stated that, in order to give such permission she has to obtain the permission from the 4th respondent institution and thereafter file an application before the AYUSH Department for the purpose of consideration of her request. The said letter of AYUSH Department requested to be treated as permission and again the petitioner has requested the 4th respondent to issue 'No Objection Certificate'. But in spite of repeated request, respondent No.4 has not issued any no objection certificate.
3. Further the petitioner has also approached the AYUSH Department on the ground that the said letter nowhere explain that it is a permission letter perhaps on that ground, the AYUSH 6 Department has also issued one more letter dated 05.07.2017, which is produced before this Court today with a memo. In which they have endorsed on the top of the said letter as a permission letter.
4. The respondent No.4 has strongly relied upon Annexure-R1, which is issued by the AYUSH Department in order to substantiate their defence that, unless the AYUSH Department issues a 'No Objection' or 'Permission Letter', the 'No Objection Certificate' cannot be issued for transfer of a student from one institution to another, for the purpose of doing internship on the ground that some of the students have giving such fake certificates and also if the students are not continue to take internship in the same institution it would cause great injustice and inconvenience to the said institution for various reasons every students may come up to make such application to go out from the institution. It appears respondent No.4 has one way or the other, dragging 7 on the proceedings without providing 'No Objection Certificate' to the petitioner.
5. On careful perusal of the entire materials on record the ultimate object reason of filing the application by the petitioner seeking no objection from the 4th respondent is that her aged parents are ailing and because of that she want to be at Bengaluru, she can take care of her parents as well as prosecute her studies. This particular important genuine aspect has not been addressed or adverted to by the 4th respondent, instead of that, in spite of the AYUSH Department has given a letter that, the 4th respondent institution if it issues no objection then only AYUSH Department can consider the transfer of the said student from the 4th respondent institution to other institution. The fact remains that from the date of filing of application the AYUSH Department and as well as the 4th respondent are making the petitioner to run from pillar to post without 8 addressing the real difficulty of the petitioner, this in my opinion is very ridiculous. They have to address the real genuine reason whether the petitioner is entitled to 'No Objection Certificate'. Though the Government has issued the circular dated 24.04.2017 as per Annexure-R1, it is the discretion vested with the 4th respondent to issue such certificate immediately after the AYUSH Department has already issued a certificate that the petitioner has to approach for 'No Objection Certificate' from the 4th respondent. That letter, itself should have been treated as a permission letter by the AYUSH Department without expecting the AYUSH Department to issue permission letter by means of specifically wording that it is a permission letter. It should have been duty of the 4th respondent to meaningfully understood the real intention of the AYUSH Department in issuing such letter as per Annexure-M. 9 Therefore, I am of the opinion that, the institutions should always be magnanimous and address the real genuineness of the application filed by the students and it should be the ultimate motto of the institutions that, the upliftment of the students in their currier. It should not cause any harm or to hindrance to the currier development of the students by scooping to unnecessary and indifferent aspects while considering the application of the students. Therefore, I am of the opinion that, Annexure-M itself can be treated as a permission letter by the AYUSH Department. Even otherwise as noted above on 05.07.2017 the AYUSH Department has also issued one more letter treating the earlier communication as their permission letter. Though the petitioner not yet produced the said document before the 4th respondent in my opinion as stated above Annexure- M itself can be treated as permission letter and 4th respondent shall forthwith issue 'No Objection 10 Certificate' as prayed for by the petitioner. Under the above said circumstances, the following order is passed.
ORDER The petition is allowed.
The respondent No.4 is hereby directed to issue 'No Objection Certificate' within one week to the petitioner as prayed for so as to enable her to do her internship at Shri Dharmastala Manjunatheshwara Institute of Ayurveda and Hospital, Bengaluru-Mysore Road without making any more delay and without asking any further document in this regard. However, petitioner is also directed to furnish the letter of AYUSH Department dated 05.07.2017, with a certified copy of this order.
Sd/-
JUDGE EM/-