Madras High Court
S.Nirmala Arokiamary vs The Vice Chancellor on 1 October, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2024
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI
WP.No.20415 of 2024
and WMP.No.22345 & 22347 of 2024
S.Nirmala Arokiamary ... Petitioner
Vs
1. The Vice Chancellor,
Sri Balaji Vidyapeeth (Deemed University)
SBV Campus, Pillayarkuppam,
Puducherry.
2. Registrar,
Sri Balaji Vidyapeeth (Deemed University)
SBV Campus, Pillayarkuppam,
Puducherry.
3. Mahatma Gandhi Medical College and Research Institute,
Rep. By its Dean, Puducherry.
4. The Principal,
School of Allied Health Science,
A Unit of Sri Balaji Vidyapeeth (Deemed University)
SBV Campus, Pillayarkuppam,
Puducherry.
5. University Grants Commission (UGC)
Rep. By its Secretary,
Bahadur Sha Zafar Marg, New Delhi. ....Respondents
1/8
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records
relating to impugned order vide Ref.SBV /SAHS/Clinical Nutri/2024 dated
13.06.2024 passed by the second respondent and quash the same and
consequently, direct the respondents No.1 to 4 to issue transfer certificate,
conduct certificate, consolidated mark sheet, course completion certificate
provisional certificate degree certificate and other necessary certificates to
the petitioner's daughter J.Jerusha for successfully completed the course of
B.Sc., (Clinical Nutrition) in the respondent University.
For Petitioner : Mr.Prakash Adiapadam
For Respondent : Mr.Abishek Jenasenan RR1,2 & 4
RR3 & 5 – No appearance
ORDER
This petition has been filed seeking to quash the impugned order dated 13.06.2024 passed by the second respondent and consequently, direct the respondents No.1 to 4 to issue transfer certificate, conduct certificate, consolidated mark sheet, course completion certificate, provisional certificate, degree certificate and other necessary certificates to the petitioner's daughter J.Jerusha for successfully completed the course of B.Sc., (Clinical Nutrition) in the respondent University. 2/8
2. The case of the petitioner is that the petitioner's daughter viz., Jerusha was admitted in the Sri Balaji Vidyapeeth, which is deemed university and a unit of Mahatma Gandhi Medical collge and Research institute, Puducherry for the course of B.Sc. (Clinical Nutrition) in the academic year 2020-21. As per UGC norms, the course duration is only three years. At this juncture, it is pertinent here to mention that as per choice based credit system of education as well as internship guidelines issued by UGC, the internship is embedded in the degree course and student need not under go a separate internship for any particular period. Whereas the first respondents, has claimed that as per their admission norms the course duration 3 years, after that the student should necessarily undergo one year internship. The petitioner's daughter has successfully completed under Graduation in B.Sc., in the year 2023 with Grade point Average 9.60 in the first year and grade point average 9.70 in the second and third year and also completed one year internship by the academic year 2023-24.
3. When the petitioner approached the respondents 1 to 3 and 3/8 submitted representation for requesting them to issue transfer certificate, conduct certificate, consolidated mark sheet, course completion certificate and other necessary certificates to her daughter as her daughter had passed in common university entrance test PG 2024 and secured 140 marks and in 51st position at All India Level and placed in first rank in U.T. Of Puducherry in the subject code 389 and got PG admission for the course of M.Sc. In Pondicherry University for the Academic year 2024-2025, the second respondent has passed the impugned order vide order dated 13.06.2024 informing that their request for issuance of course completion certificate and other certificates for her daughter cannot be considered on the ground that even though her daughter has successfully completed three years B.Sc. Course, she has to necessarily undergo one year internship. Challenging the said order, the petitioner has filed the present writ petition.
4. The learned counsel for the petitioner submitted that the impugned order passed by the second respondent is highly illegal and unreasonable. However, in the impugned order itself, the respondent stating that the petitioners daughter has successfully completed her degree, 4/8 however, they informed that course completion certificate cannot be issued after completing her degree she has to necessarily undergo one year internship, which is not sustainable. This Court may direct the respondents to issue all the original certificates to the petitioner's daughter forthwith.
5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.
6. The petitioner's daughter joined B.Sc., in the year 2021 and completed in the year 2023. As per the prospectus, the petitioner has completed her internship upto one year and according to the respondent, she has not completed the same. At present, she joined M.Sc., in Pondicherry University and presently undergoing the said course. As per the guidelines issued by the UGC for higher education institution to offer internship, it is clear that any UG degree programme will have an option to embed at least one semester of internship as degree programme without altering the total duration of the programme. Thus, the petitioner's daughter has also undergone internship in the degree itself while she was studying II and III year and 5/8 passed the same also. In such circumstances, compelling her to undergo internship upto 31.12.2024 is unsustainable. Considering the facts and circumstances of the case, this Court directs the petitioner 's daughter to appear in person on 03.10.2024 before the second respondent within a period of two weeks from the date of receipt of a copy of this order. The second respondent is directed to allow the petitioner's daughter to undergo internship for a period of one month i.e. 03.10.2024 to 03.11.2024 and after completion of the internship for a period of 30 days, the second respondent shall hand over all the original certificates including the course completion certificate to the petitioner's daughter on 05.11.2024.
7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
01.10.2024 rli Note: Issue order copy on 22.10.2024 Index:Yes/No Internet:Yes/No 6/8 Speaking/Non speaking To
1. The Vice Chancellor, Sri Balaji Vidyapeeth (Deemed University) SBV Campus, Pillayarkuppam, Puducherry.
2. Registrar, Sri Balaji Vidyapeeth (Deemed University) SBV Campus, Pillayarkuppam, Puducherry.
3. Mahatma Gandhi Medical College and Research Institute, Rep. By its Dean, Puducherry.
4. The Principal, School of Allied Health Science, A Unit of Sri Balaji Vidyapeeth (Deemed University) SBV Campus, Pillayarkuppam, Puducherry.
5. University Grants Commission (UGC) Rep. By its Secretary, Bahadur Sha Zafar Marg, New Delhi.
7/8 M.DHANDAPANI, J.
Rli WP.No.20415 of 2024 01.10.2024 8/8