DUSHYANT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners Dushyant Singh, Zahid Khan and Pallavi Shah are hereby knocking the door of High Court for the purpose of getting a solace in the nature of relief for the purpose of giving certainty to their future so far as their desire to complete the course of Physio Therapy for obtaining Bachelor's degree in it. The petitioners have been admitted in an institution named Maharaja Ranjit Singh College of Professional Science, Khandwa Road, Indore - Res. 4 for first year. They studied there though said institution was not affiliated to Devi Ahilya Vishwa Vidhyalaya - Res. 3 (hereinafter referred to as University for convenience) and, therefore, they could not appear for the concerned examination when it was held in July, 99 and when by the intervention of the Court which passed an order asking M. G. M. Medical College, Indore to accommodate them and to allow them to appear for the examination for the said year and directing Res. 3 to permit them to appear for the said examination. In view of said order as Resps. 3 and 5, the Dean, M. G. M. Medical College, Indore obeyed the order of this Court in 100% spirit, the petitioners and other students could appear for the said examination. However, as this Court has been informed by the learned counsel appearing for the petitioners, their results have not been declared yet. Thus, the petitioners and other students prima facie have been caught in the domain of uncertainty so far as their future is concerned and they are now required to come to this Court for the purpose of getting a proper relief in the nature of a proper writ.

(2.) SHRI Umesh Maheshwari, counsel appearing for the petitioners submitted that for no fault of the petitioners, petitioners have been deprived of the opportunity of the appearing for the examination meant for getting the degree of Bachelor's course of Physio Therapy as their future has been left totally uncertain. He submitted that though they have appeared for examination for first year in the said course, their results have not been declared and they do not know as to what would be their future. With this question mark, the petitioners have come before this Court and, their grievance has been submitted before this Court by Shri Umesh Maheshwari in number of words, but the core of his submission is this way syncronised.

(3.) SHRI Shailendra Mukati, Dy. G. A. counsel appearing for Res. 1, the State of M. P. submitted that the permission to open the Institution was initially granted to Res. 4 and in view of that, it appears that Res. 4 has permitted the petitioners and other students for the purpose of getting the education and completing the course for obtaining the degree of Bachelor in Physio Therapy. He submitted that on account of short comings and non-compliance of requisite necessary things, the said permission has been withdrawn. He pointed out that the said institution has not been affiliated to Res. 3, the University. Shri S. C. Bagdia, Sr. Counsel instructed by Shri Chabda, appearing for University, submitted that to start a medical college there always requires some necessary things to be done and unless some technical facilities are available, no institution can be affiliated to University and can be permitted to teach the course in Bachelor of Physio Therapy and no students appearing through non-affiliated institution can be permitted to appear for the examination for the course of Bachelor of Physio Therapy. He submitted that on account of interim order passed by this Court, Res. 3 allowed some students to appear for the examination which was held in July, 99 but their results have not been declared on account of non-affiliation of Res. 4 to the University. Shri Bagdia, submitted that firstly the respondent No. 4 was bound in duty to get the affiliation to the University and thereafter it should have started imparting the education for the said examination and degree course. He pointed out that twice experts of University visited the said Institution for the purpose of inspection and as depicted by their report, there were number of short comings and insufficiencies which could not have permitted the University to grant affiliation to Res. 4. He submitted that the University can not go against the provisions of law and cannot accept the petitioners and other students as lawful students entitling them to appear for said examination unless Res. 4 complies with the necessary requirements as pointed out by expert's report. He submitted that all these compliances are to be done and then only the University can consider the request of Res. 4 for affiliating it to it. Shri Bagdia further submitted that if this Court is pleased to order, the respondent No. 3 is ready and willing to declare the results of those students.