Combined P.G. Institute Of Medical Sciences & Research, Dehradun vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties.

This writ petition has been filed by Combined P.G. Institute of Medical Sciences & Research, Dehradun, which conducts various paramedical courses.

According to the petitioner, students admitted in first year of various paramedical courses, during academic session 2020-2021, are not being permitted to appear in the examinations, by H.N.B. Garhwal University.

By means of this writ petition, petitioner has sought the following relief:

“(i) A writ, order or direction in the nature of certiorari quashing the impugned letter bearing reference no. He.NB.G.Vi.Vi./Vya.Exam/2021/101 dated 16/12/2021 and letter bearing reference no. He.N.B.G.Vi.Vi/ Vya. Exam/ 2021/ 102 dated 16/12/2021 (Annexure-1) passed by Respondent No. 2 University so far as it relates to non inclusion of students of first year from undertaking the said examinations for the courses in the discipline of BPT (Bachelor of Physiotherapy), B.S.C. MLT (Bachelor of Science in Medical Laboratory Technology), B.Sc. MM (Bachelor of Science in Medical Microbiology), B.Sc. MRIT (Bachelor of Science in Medical Radiology and Imaging Technology), B.Sc. Nursing (Bachelor of Science in Nursing) and M.Sc. Nursing (Master of Science in Nursing) of the petitioner institute. (Contained in annexure no. 1 to this petition)

Learned counsel for the petitioner has placed reliance upon a final order passed by a Co-ordinate Bench of this Court in WPMS No. 2892 of 2021. According to him, Sai Institute of Paramedical and Allied Science, Dehradun had filed this writ petition and this Court had permitted the students of that college to apply to the University within one week and if they apply within stipulated time, their application form would be accepted and processed by the University in order to enable them to take their examinations for the year 2020.2021.

Mr. Bhupesh Kandpal, learned counsel for the petitioner thus submits that the present writ petition may also be disposed of in terms of the said order.

Dr. Kartikey Hari Gupta, learned counsel appearing for the University, however, submits that the University examinations for the relevant courses are over on 31.01.2022. However, this submission is disputed by learned counsel for the petitioner, who submits that examinations for first year course was not held and examinations were held in respect of second, third and fourth year courses.

Since, Co-ordinate Bench of this Court has decided the similar controversy based on the statement made by learned counsel for the University, therefore, having regard to the facts and circumstances of the case, the present writ petition is disposed of with liberty to petitioner to approach the Competent Authority in the University by making a representation. If petitioner makes such representation on or before 25.02.2022, the Competent Authority in the University shall consider the same and pass appropriate order, as per law, within ten days thereafter.

Let a certified copy of this order be issued today itself.