B SATHISHKUMAR Vs. DIRECTOR OF MEDICAL EDUCATION CHENNAI

JUDGEMENT

(1.) PETITIONER prays for the issuance of a writ of mandamus or any other appropriate writ, order or direction in the nature of a writ, directing the respondents to issue Diploma in Pharmacy Certificate and provisional Certificate to the petitioner, and pass such further or other orders as this Court may deem fit and proper.

(2.) PETITIONER joined in Diploma in Pharmacy course in 2nd respondent-college during the Academic year 1992-93. The duration of the course is two years. It is said that if a student had passed +2 and joined in the diploma in Pharmacy course, there are certain exemptions from attending the classes and appearing in the examination in respect of certain subjects in the first year. Students who have taken science subject in their +2 examination were exempted from attending the classes and appearing in the examination in respect of all the subjects except Anatomy, Physiology and Health Education. In the case of students who took vocational course in +2, they were exempted only in English. PETITIONER attended the classes and appeared in all papers except english and passed the first year. He also appeared for the Second Year examination, and by taking two chances, he has come out successful. Thereafter, he moved a representation to the college for issuance of certificate. The grievance of the petitioner is that the college authorities are not committing themselves whether they will issue the certificate or not. The reason for such a doubt is that since the petitioner has not appeared for the English Paper, the Authorities feel a doubt whether such a certificate could be issued. The case of the petitioner is that in similar cases, Certificates and Diploma have been issued to various other candidates and exemptions have been granted to them. It is the further case of the petitioner that when all the students who underwent +2 and joined in the Diploma Course were given exemption from attending the classes and also from appearing in the examination, and were also given certificates, there is no reason why the petitioner alone is not given the benefit. A specific-instance is also stated, that one Mansoor Ali who also underwent Vocational Course, was exempted from writing English Examination, but he has been given the Certificate. It is under the above circumstances, petitioner has filed the present writ petition for the reliefs stated supra.

(3.) IT is not the case of both the respondents that the petitioner obtained admission to the Diploma in Pharmacy Course without any basic qualification. IT is also admitted by both the respondents that the petitioner has completed his +2 in Vocational Course. IT is also admitted by them that it is a higher qualification than X Std. If that be so, on the basis of the admission in the counter itself, petitioner is entitled to get exemption from writing the English examination. The fact that the +2 students are given certain exemptions from writing examinations is admitted in the counter, and the case of the petitioner that he is entitled to get exemption from writing the English examination, is also not disputed. The only reason for not granting the exemption is, that there is no special request either by the petitioner or by the college in which he is studying. No statutory Rule or other order has been placed before this court to hold that only in case of special request, exemption could be granted. First respondent only relies on certain practice under which exemption orders are issued in individual cases. IT is here the petitioner contends that in regard to one Mansoor Ali, exemption has been granted even without any application either from him or from the Principal and he has been issued the Diploma. This fact is not denied anywhere in the counter. The regulations of the Pharmacy Council of India, relied on by the first respondent, also do not throw any light regarding the contentions of the first respondent. IT only says that the candidates will have to write certain examinations. IT does not say that exemption will be granted only on application.