Nurul Hasan v. State Of West Bengal And ORS.
26.07.2021 SL No. 5 Court No. 24 (P.M.) WPA 11437 of 2021 Nurul Hasan Vs The State of West Bengal & Ors.
(Via Video Conference) Mr. Indrajit Roy Chowdhury ... for the petitioner Mr. Tapan Kumar Mukherjee, Ms. Tuli Sinha ... for the State.
The petitioner has been provisionally registered under the Paschim Banga Ayurved Parishad in February, 2019. His qualification is Ayurvedacharya (Bachelor of Ayurvedic Medicine & Surgery). He passed B.A.M.S. Examination in the year 2019. The provisional registration mentions that the candidate has to undergo one year internship. The petitioner joined the J.B. Roy State Ayurvedic Medical College & Hospital for performing his internship.
It appears from the documents annexed to the writ petition that the petitioner was awarded remarks good, very good by some of the professors but the professor for Shalya (1 month) with Atyayeeki Chikitsa awarded him zero marks. The remarks column which has been filled up by the said professor for Shalya mentions certain statements which the petitioner apprehends was given because the petitioner was not in his good books. The petitioner made a complaint
against the said professor and the petitioner apprehends that because of the said complaint the professor out of vengeance awarded zero marks to him.
The petitioner made representation before the State respondents praying for a direction so that he could complete the pending one month's internship.
Swasthya Bhawan by a communication dated 18th March, 2021 to the Principal Superintendent, J.B. Roy SAMC & Hospital mentions that any problem/allegation/grievances in relation to the internship should be disposed of at the college end. The college has been requested to take necessary steps/action in the case. None appears on behalf of the college.
On perusal of the remarks given by the professor of Shalya Chikitsa it is clearly evident that there is a strained relationship between the petitioner and the said professor. The certificates issued by the other professors mentions "very good, good" in the remarks column.
As it appears that the educational career of a young candidate is at a stake, this Court thinks it fit to direct the Principal Superintendent, J.B. Roy SAMC & Hospital the respondent No. 5 herein to permit the petitioner to complete his residual internship with any other professor than the professor against whom the petitioner has ventilated his grievances.
The college authority shall take necessary steps in the matter at the earliest, but positively within a period of
three months from the date of communication of a copy of this order.
The writ petition stands disposed of.
Affidavit of service filed in court is taken on record. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.
(Amrita Sinha, J.)