NARENDRA KUMAR DHINGRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 226 of the Constitution, the petitioner has challenged the order dated 04.02.2011, whereby earlier permission granted to him to study and obtain degree in B.H.M.S. was cancelled.

(2.) THE petitioner is a handicapped person. He wanted to increase his educational qualification by pursuing B.H.M.S. Course from Sophia Homeopathic Medical College and Research Institute, Gwalior. The petitioner preferred an application dated 30.12.2006 seeking permission. The permission was accorded to him by order dated 06.10.2007 (Annexure P-6) by Superintendent-cum-Ayurvedic Officer, Gwalior. Accordingly, the petitioner started prosecuting his studies in B.H.M.S. Course. The petitioner completed his three years in the said four years course. At this stage, Annexure P-1 dated 04.02.2011 is passed whereby the said permission was cancelled by the Superintendent on the ground that the permission was granted contrary to the rules.

(3.) CONSEQUENTLY , the impugned order Annexure P-1 dated 04.02.2011 is set aside. During the pendency of the petition, pursuant to an interim order petitioner has already completed the said studies and preferred an application dated 25.01.2012 (Annexure P-16) to complete Internship. Respondent No. 3 is directed to decide with this application Annexure P-16 in accordance with law expeditiously, preferably within two weeks. This order is passed in the peculiar facts and circumstance of this case and shall not be treated as precedent henceforth.