PRABALAKANTI JANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These are two review petitions filed against the common Judgment/ order passed on 4.5.2006 in the three Writ Petitions i.e. W.P.(C) Nos. 9262, 9839 of 2004 and 687 of 2005.

(2.) W .P.(C) No. 9262 of 2004 was filed by Sri Tarak Nath Sasmal who is Petitioner in Review Petition No. 101 of 2006 and W.P.(C) No. 9839 of 2004 was filed by Sri Prabalakanti Jana, Petitioner in Review Petition No. 100 of 2006. The Writ Petitions were filed for a direction to Member Secretary, Orissa State Board of Pharmacy, Bhubaneswar to declare their results and issue certificates of Diploma in Pharmacy in their favour.

(3.) THE brief facts of the case are that after completing their higher secondary -studies, they submitted applications in prescribed form for admission to Diploma in Pharamacy course in Pharmacy Colleges of Orissa for the year 2000 -01 and after considering their applications and being satisfied with their eligibility, they were directed to take admission in Sidheswar College of Pharmaceutical Science, Amarda Road in the district of Balasore. It is claimed by the Petitioners that they pursued their studies in the said college and appeared in Part -I and Part -II examinations on the strength of admit cards issued by the Orissa State Board of Pharmacy, Bhubaneswar and the said Board also issued mark sheets in their favour. They claimed that after completing Part -I and Part -II Courses, they became eligible for practical training, which forms Part -III of the Course and on the basis of the authority granted by Opposite Party No. 4, they could take practical training in different hospitals. After successful completion of the course, they repeatedly requested the Board to declare their result and issue certificate of Diploma in Pharmacy in their favour, but the Board did not declare their result on the plea that they did not possess the requisite minimum qualification for admission into Diploma in Pharmacy course. According to the Petitioners, when they were duly admitted to the course after scrutiny of the documents, certificates etc. and were allowed to appear in the examinations and took practical training, there was no scope for the Opposite Parties to cancel their results and withhold their certificates due to lack of requisite minimum qualification for admission into the course. It is specifically claimed by the Petitioners that they passed the Higher Secondary Course with required subjects, namely, Physics, Chemistry, Biology etc. and were, therefore, eligible for admission into Diploma in Pharmacy course. They alleged that the action of the Opposite Parties in withholding their certificates is tainted with malice and arbitrariness and so direction should be issued from this Court asking them to issue Diploma Certificates in their favour.