Uttarakhand High Court
WPMS/163/2022 on 22 February, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 22ND DAY OF FEBRUARY, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 163 of 2022
BETWEEN:
Combined P.G. Institute of Medical
Sciences & Research, Dehradun. .......Petitioner
(By Mr. Bhupesh Kandpal, Ms. Gurbani Singh & Ms. Sukhwani Singh,
Advocates)
AND:
State of Uttarakhand & others. ...Respondents
(By Mr. T.S. Phartiyal, Addl. C.S.C. for the State/respondent no. 1,
Dr. Kartikey Hari Gupta, Advocate for respondent no. 2 & Mr. Shailendra
Nauriyal, Advocate for respondent nos. 3 & 4)
JUDGMENT
Heard learned counsel for the parties.
2. This writ petition has been filed by
Combined P.G. Institute of Medical Sciences &
Research, Dehradun, which conducts various
paramedical courses.
3. According to the petitioner, students
admitted in first year of various paramedical courses,
during academic session 2020-2021, are not being
permitted to appear in the examinations, by H.N.B.
Garhwal University.
4. By means of this writ petition, petitioner
has sought the following relief:
"(i) A writ, order or direction in the nature of
certiorari quashing the impugned letter bearing
reference no. He.NB.G.Vi.Vi./Vya.Exam/2021/101
dated 16/12/2021 and letter bearing reference no.
He.N.B.G.Vi.Vi/ Vya. Exam/ 2021/ 102 dated
16/12/2021 (Annexure-1) passed by Respondent
No. 2 University so far as it relates to non inclusion
of students of first year from undertaking the said
examinations for the courses in the discipline of
BPT (Bachelor of Physiotherapy), B.S.C. MLT
(Bachelor of Science in Medical Laboratory
Technology), B.Sc. MM (Bachelor of Science in
Medical Microbiology), B.Sc. MRIT (Bachelor of
Science in Medical Radiology and Imaging
Technology), B.Sc. Nursing (Bachelor of Science in
Nursing) and M.Sc. Nursing (Master of Science in
Nursing) of the petitioner institute. (Contained in
annexure no. 1 to this petition)
5. Learned counsel for the petitioner has
placed reliance upon a final order passed by a Co-
ordinate Bench of this Court in WPMS No. 2892 of
2021. According to him, Sai Institute of Paramedical
and Allied Science, Dehradun had filed this writ
petition and this Court had permitted the students of
that college to apply to the University within one
week and if they apply within stipulated time, their
application form would be accepted and processed by
the University in order to enable them to take their
examinations for the year 2020.2021.
6. Mr. Bhupesh Kandpal, learned counsel for
the petitioner thus submits that the present writ
petition may also be disposed of in terms of the said
order.
7. Dr. Kartikey Hari Gupta, learned counsel
appearing for the University, however, submits that
the University examinations for the relevant courses
are over on 31.01.2022. However, this submission is
disputed by learned counsel for the petitioner, who
submits that examinations for first year course was
not held and examinations were held in respect of
second, third and fourth year courses.
8. Since, Co-ordinate Bench of this Court has
decided the similar controversy based on the
statement made by learned counsel for the
University, therefore, having regard to the facts and
circumstances of the case, the present writ petition is
disposed of with liberty to petitioner to approach the
Competent Authority in the University by making a
representation. If petitioner makes such
representation on or before 25.02.2022, the
Competent Authority in the University shall consider
the same and pass appropriate order, as per law,
within ten days thereafter.
9. Let a certified copy of this order be issued
today itself.
(MANOJ KUMAR TIWARI, J.)
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