Court No. - 24 Case :- MISC. SINGLE No. - 4226 of 2010 Petitioner :- Shailesh Bala Gautam And Others Respondent :- State Of U.P.Thro.Its Principal Secy.Medical Edu.Lucknow Petitioner Counsel :- Ram Prakash Verma Respondent Counsel :- C.S.C.,Shishir Jain Hon'ble Rajiv Sharma,J.
Heard Mr. Ram Prakash Verma, learned Counsel for the petitioners and Mr.
Shishir Jain, learned Counsel for the University.
Brief facts of the petitioners’ case are that the Central Council of
Homeopathy, New Delhi vide notification dated 24.9.2003 had prepared a
programme for BHMS Degree Course. All the petitioners were selected in
CPMT Batch – 2005 and after their counselling, they were allotted BHMS
Branch at Government Dr. Brij Kishore Homeopathic Medical College &
Hospital, Devkali, District Faizabad. In pursuance of the aforesaid allotment,
all the petitioners deposited the requisite fee and took admission in the
aforesaid College on 5.10.2005. As the petitioners were declared successful in
3rd BHMS examination, they deposited fees and and since then, they are
taking classes regularly.
Petitioners’ Counsel submits that according to notification dated 24.9.2003,
Central Council of Homeopathy has prepared a programme for BHMS Degree
course in which para 10 (11) of Regulation provides that those students who
have completed 54 months from the date of admission, are entitled to appear
in fourth BHMS examination. Though they are eligible to appear in
examination, yet the authorities are not providing examination forms. The
anxiety of the petitioners is that the fourth year examinations are likely to
commence on 30th July, 2010. Lastly, he submits that the petitioners’
institution has been ignored, whereas in six other Medical Colleges from
where the students are pursing BHMS Degree Course, dates for examination
have also been notified.
Mr. Shishir Jain, learned Counsel for the University, on the basis of
instructions, submits that the examination notification in which the petitioners
are pursing BHMS Degree Course has not yet been notified. Further, he
submits that as and when the examinations are notified, the case of the
petitioners shall be considered, in accordance with the provisions of bye-laws
and Government Orders issued from time to time. Next, he states that
notification in any College, as alleged by the petitioners, has been issued.
At this stage, learned Counsel for the petitioners submits that the petitioners
moved a representation before the authority concerned and the same is
pending disposal. He prays that ends of justice would be secured, if the
opposite party No.4 is directed to decide the representation dated 12.4.2010,
expeditiously, to which Mr. Shishir Jain, learned Counsel for the University
has no objection.
Accordingly, without entering into the merits of the case, the opposite party
No. is directed to decide the representation of the petitioners dated 12.4.2010
within a maximum period of two months from the date of presentation of a
certified copy of this order. Liberty is granted to the petitioners for annexing a
copy of the representation alongwith the order.
In view of above, the writ petition is disposed of finally.
Order Date :- 30.7.2010
Ajit/-