POULAMI POREL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner passed the Higher Secondary Examination in the year 2016 with a subject combination of Bengali, English, Chemistry, Mathematics, Physics, and Biology as her optional subject. Thereafter, the petitioner enrolled herself in B.H.M.S Degree Course and duly completed the same. When the petitioner sought to register her name under the Council of Homoeopathic Medicine, West Bengal (in short, the Council), it was communicated to her that the Council, after scrutinizing her Higher Secondary mark-sheet, had found that she had failed in Physics. Therefore, she did not qualify to register her name under the Council in violation of the Regulation 4 of the Homoeopathy (Degree Course) B.H.M.S Regulations, 1983 (in short, the said Regulations of 1983).

(2.) Challenging the said communication dated August 31, 2022, the present writ petition has been filed.

(3.) The learned advocate appearing for the petitioner submits that the petitioner has duly passed the Higher Secondary Examination with a combination of Physics, Chemistry and Mathematics and after verifying her mark-sheet the petitioner was allowed to enroll herself in the Homoeopathy Degree Course by the relevant University. There was no material suppression or fraud practiced by the petitioner at any point of time against anyone. The petitioner, despite being an eligible candidate, has been deprived of her right to register her name under the Council.