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Calcutta High CourtWPA/13554/2023disposed

Adil Rana And ORS v. State Of West Bengal And ORS.

2023-09-04Hon'Ble Justice Kausik Chanda3 pages

04.9.2023 ap WPA 13554 of 2023 Adil Rana & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Anindya Lahiri Mr. Sourav Mondal ... For the petitioners.

Mr. D.N. Maiti Mr. S. Sarkar ... For respondent nos. 3-7.

The petitioners are directed to put in the deficit court fees in course of this day.

Petitioner nos. 1 and 2 took admission in M. Sc. Medical Biochemistry while petitioner nos. 3 to 10 took admission in M. Sc. Medical Microbiology under the West Bengal University of Health Sciences.

There is no doubt that the relevant advertisement following which the petitioners applied for the said courses mentioned that they would be given admission at College of Medicine and JNM Hospital at Kalyani, Nadia, but at the time of registration, the petitioners were given registration under the College of Para Medical and Allied Health Sciences.

It is the case of the petitioners that while they were given admission in a particular college, the University could not change the college at the time of registration.

The University in its affidavit suggests that the name of the college was inadvertently mentioned in the advertisement. The College of Medicine and JNM Hospital at Kalyani, Nadia was not affiliated to offer the said two courses. In fact, the College of Para Medical and Allied Health Sciences has been permitted by the University to offer the said two courses.

Mr. Lahiri, learned advocate appearing for the petitioners submits that distinction between the two colleges, in fact, is artificial. Both the colleges are running in the same premises and almost all the teaching faculties of both the colleges are the same. Therefore, the petitioners should be given registration under the College of Medicine and JNM Hospital at Kalyani, Nadia.

I am of the view that the University has rectified its mistake only to secure academic interests of the students. The petitioners should not be allowed to pursue their studies in a college, which is not authorised to offer the said courses.

The University before this Court, however, has submitted that the Registrar of the University will issue a certificate clarifying that the College of Para Medical and Allied Health Sciences are running from the same premises.

Mr. Lahiri, on instruction, submits that the petitioners are agreeable to such suggestion.

In that view of the matter, this writ petition is disposed of with a direction upon the University to issue the certificates to the petitioners as indicated above.

Accordingly, WPA 13554 of 2023 is dismissed.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)