IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4432 of 2008 MOHAN KUMAR Versus THE STATE OF BIHAR &ORS ----------- 5/ 22/01/2009. Heard learned counsel for the petitioner, for the respondent Mithila Minority Dental College and Hospital Darbhanga. No one appears on behalf of the respondent Lalit Narayan Mithila University. Despite the matter having been filed on 10.3.2008 after serving a copy of the writ application on the counsel for the respondent University and despite grant of adjournment on 17.9.2008 to the college in question, no counter affidavit has been filed on behalf of the respondents. The reference to respondent 4 in the order dated 17.9.2008 is apparently a typographical error inasmuch as respondent 4 was already present on 24.7.2008. It was respondent 6 who had been noticed to appear. On 24.7.2008 this Court while directing issuance of notice to the college had required the Registrar of the University, respondent No.4, to personally look into the aspect of issuance of certificate to the petitioner in accordance with law. He has chosen not to respond. Respondent No.6 has had more than reasonable time to file counter affidavit. 2 The petitioner took admission in the 4 year BDS, dental course of the college for the session commencing in 1993. On completion of the course successfully it was mandatory for him to perform 1 year rotational internship as otherwise the certificate of eligibility in dental medicine could not be issued to him. It is his case that he commenced his 1 year rotational internship course on 8.11.2006/27.11.2006 and completed the same successfully. Non-issuance of the certificate led him to institute the writ application. The petitioner has made allegations of mala fide against the college authorities and explained the reasons why the rotational internship certificate was not being issued. He is thus handicapped in either obtaining registration with the Dental Council of India or in applying for the D.M./M.C.H./M.D.S. course. The respondents having chosen to consciously and not by default to file no counter affidavit despite grant of opportunity, the pleadings in the writ application are accepted to be correct applying the principles of non-traverse. In the facts of the present case, though serious allegations of mala fides have been made, this Court, for the present, does not consider it necessary to decide the same as it is not considered necessary for the decision of the case. 3 Learned counsel Shri Nadeem Seraj appearing for the college in question submitted before the Court that he had instructions that a letter had been sent to the petitioner by a private courier on 10.1.2007 with regard to non-fulfillment of the requirements of attendance for internship. Nonetheless, the respondent refrains from putting it on affidavit. This aspect of the matter need not detain the Court as the petitioner has already expressed his apprehensions in paragraph-25 of the writ application which the respondent college has chosen not to deny. The respondent college appears to be raising frivolous objections in an apparent attempt to stifle what otherwise appears a bona fide claim of the petitioner. This Court refrains from recording any finding against the college or the university. It is, nonetheless, manifest that the petitioner has been wronged. A student who should have been pursuing his career was pushed to the portals of the Court by those who are responsible for providing an atmosphere conducive to him for education. This Court, therefore, directs the respondent College and University to issue the necessary rotational internship certificate to the petitioner within a 4 maximum period of three weeks from the date of receipt/production of a copy of this order. This Court also considers it proper to impose costs on the respondent College quantified at Rs.25,000/- (twenty-five thousand) to be deposited with the Secretary, Patna High Court Legal Services Committee within a maximum period of two weeks from the date of receipt/production of a copy of this order before it. It shall remain open for the respondents to hold an enquiry for fixing responsibility with regard to fixation of costs and recover the same from the salary of the delinquent concerned. The writ application is allowed. KC ( Navin Sinha, J.)