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Judgment
Manoj Kumar Tiwari, J
Petitioners are pursuing M.D. Pathology Course in Government Medical College, Haldwani. They want M.D. Pathology Course to be treated as
Non-Clinical/Para-Clinical course for purposes of tuition fee.
By means of this writ petition, petitioners have sought following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider M.D. Pathology as Non-Clinical/Para-Clinical
Course for the purpose of providing benefit reduced annual fee of Rs .1 Lakh to the petitioners.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to refund/adjust any enhanced fee levied from the petitioners in
treating them as a student of Clinical P.G. Course instead of Non/Para-Clinical Course.
Ms. Mamta Bisht, learned Deputy Advocate General for the State submits that M.D. Pathology Course is in huge demand, as services of
Pathologist are needed in every hospital, and these days treatment of a patient begins on the basis of a pathological report. She further submits that
M.D. Pathology Course cannot be equated with Non-Clinical/Para-Clinical Course like M.D. Anatomy, M.D. Physiology, M.D. Biochemistry, M/s
Pharmocology, M.D. Forensic Science and M.D. Community Medicine.
Learned counsel for the petitioner submits that petitioners have made a representation to the Competent Authority on 26.02.2021, but no decision
has been taken thereupon till today. Learned counsel for the petitioners confines his prayer and submits that petitioners may be permitted to make
fresh representation to the Competent Authority and the Competent Authority be directed to take decision on such representation.
In such view of the matter, the writ petition is disposed of with liberty to the petitioners to make fresh representation to respondent no. 3 â€
Director, Medical Education Department, Dehradun within two weeks from today. If such representation is made within stipulated time, respondent
no. 3 shall consider the same and take appropriate decision, in accordance with law, within a period of six months from the date of receipt of such
representation.