ARKA UJJWAL MAITI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of some students of the Course of Diploma in Physiotherapy and is filed praying for continuation of the Condensed Bachelor Degree in Physiotherapy (in short 'Condensed BPT') Course all over West Bengal and for declaration that the decision of the Academic Council, West Bengal University of Health Sciences for not continuation of the 'Condensed BPT' Course and also the decision of the 'Board of Studies', West Bengal University of health Sciences dated November 6, 2009 for not continuation of the 'Condensed BPT' Course are bad in law, procedure and against the equity and natural justice and for other consequential reliefs.

(2.) IN order to appreciate the nature of reliefs sought for in the application, the prayers made in the said application are quoted below:-

(3.) 1/2 years has been started in 11 colleges in the State of West Bengal and as such, there are more than the desirable number of graduates in Physiotherapy within the State of West Bengal and for that reason, the bridging course, i.e., 'Condensed BPT' Course is not viable at all. The Academic Council of the said University, in exercise of its statutory powers has taken a decision to discontinue the 'Condensed BPT' Course from the session 2010-11 and this is a policy decision of the said University and so, such policy decision taken by the University cannot be scrutinized by this Hon'ble Court. As such, the said writ petition is liable to be dismissed. 4. Now, the question is (i) whether the discontinuation of the 'Condensed BPT' Course by the said University from the academic session 2010-11 can be scrutinized by this Hon'ble Court, and (ii) whether the petitioners are entitled to get reliefs as prayed for.