IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 3693 of 2010(J) ------------------------- PETITIONER(S): --------------- 1. ZINZI.S, D/O.SIRAJUDEEN CHITTANIKARAYIL ,T.K.M.C. (PO) KOLLAM -5. 2. DIANA .R, D/O.RAVIKUMAR 'LEELA'KOTTANKARA, CHANDANATHOPU PO,KOLLAM-14. BY ADV. SRI.SAJU.S.A SRI.K.C.KIRAN RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY REGISTRAR,UNIVERSITY OF KERALA THIRUVANANTHAPURAM. 2. PRINCIPAL SREE VIDHYADI RAJA HOMOEOPATHIC MEDICAL COLLEGE NEMOM, THIRUVANANTHAPURAM. 3. DIRECTOR OF HOMOEOPATHY THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 SRI.SANTHARAM.P FOR R2 MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3693/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE PROVISIONAL CERTIFICATE ISSUED FROM UNIVERSITY OF KERALA TO THE 1ST PETITIONER DATED 13/11/2008. P2 : COPY OF THE PROVISIONAL CERTIFICATE ISSUED FROM UNIVERSITY OF KERALA TO THE 2ND PETITIONER DATED 13/11/2008. P3 : COPY OF THE RELEVANT PAGE OF THE CONDITIONS OF INTERNAL TRAINING (PAGE NO.73) P4 : COPY OF THE GOVERNMENT ORDER G.O.(Rt) NO.4207/2008/H & FWD DATED 08/12/2009. P5 : COPY OF THE PROCEEDINGS OF HOMOEOPATHY DIRECTOR DATED 30/12/2008. P6 : COPY OF THE RELIEVING CERTIFICATE ISSUED FROM GOVERNMENT HOMOEO HOSPITAL, KOLLAM TO THE 1ST PETITIONER DATED 31/12/2009. P7 : COPY OF THE RELIEVING CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 31/12/2009. P8 : COPY OF THE NOTICE PUBLISHED BY THE 2ND RESPONDENT DATED NIL. P9 : COPY OF THE PROCEEDINGS OF THE PRINCIPAL, SREE VIDYADHIRAJA HOMOEOPATHY MEDICAL COLLEGE DATED 26/12/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.3693 of 2010 (J) --------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T The petitioners joined the BHMS Course (2003 batch) in the Shree Vidhyadi Raja Homoeopathic Medical College, Nemom, Thiruvananthapuram. They completed their five year degree course in August, 2008. Exts.P1 & P2 are the provisional certificates issued by the University of Kerala certifying that the petitioners have successfully completed the course with second class. 2. The students have to undertake internship for 12 months as part of their curriculum. Ext.P3 is stated to be the Rules governing internship training, which provides that each candidate shall be required to undergo compulsory rotating internship of one year after passing the examinations to the satisfaction of the Principal of the College, and that only thereafter will the candidate be eligible for the award of Degree of BHMS. Sub Clause (1) of Ext.P3 states that all parts of internship training shall be undertaken at the hospital attached to the College, and that in cases where such hospitals cannot accommodate all of its students for internship, WP(C) No.3693/2010 -2- then such candidates shall be informed in writing by the College, and that it shall be the responsibility of the College to ensure that each of such students is put on internship training in a Homoeopathic hospital or Dispensary run by Government or Local Bodies. Sub Clause (3) provides that in the event of shortage or unsatisfactory work, it will be open to the State Board / Council to extend the period of compulsory internship. 3. It is stated that on 08/12/2008, the Government issued Ext.P4 order acting upon a representation stated to have been made by students like the petitioners, and referring to a letter from the Controlling Officer, Department of Homoeopathic Medical Education, directing the Director of Homoeopathy, Thiruvananthapuram to provide facilities to the internees of Sree Vidyadhiraja Homoeopathic Medical College with immediate effect. Referring to Ext.P4, the then Principal of the College issued Ext.P9 dated 26/12/2008 to the Director forwarding the names of the internees and their option for Homoeopathic Hospitals for appropriate posting for training. In pursuance to Ext.P9, the Director of Homoeopathy issued Ext.P5 dated 30/12/2008 allotting 17 students of the College including the petitioners, for 12 months internship in the Government Hospitals mentioned therein. The WP(C) No.3693/2010 -3- petitioners herein are at serial Nos. 2 & 16 of Ext.P5, and were allotted for internship to the Government Homoeopathy Hospital, Kollam. 4. They underwent internship in the Government Homoeopathy Hospital, Kollam and completed the 12 months internship by 30/12/2009. Accordingly, the Superintendent of the Hospital issued Exts.P6 & P7 dated 31/12/2009 relieving the petitioners from their internship. They produced Exts.P6 & P7 and requested the Principal of their College to issue CRRI Certificates, and thereupon the Principal issued Ext.P8 notice stating that the students of 2003 (Regular Batch) BHMS of the College are expected to complete their course by last week of March, 2010 and that on satisfactorily completion of their Course, they will be issued the CRRI certificates. In view of Ext.P8, in order to get the CRRI certificate, as the petitioners have to undergo further training, they approached this Court and filed this writ petition praying for a direction to the 2nd respondent Principal to issue them certificates evidencing completion of compulsory internship. 5. The Principal has filed a counter affidavit resisting the prayers in the writ petition. According to the Principal, there was no occasion for the petitioners to have undergone training outside the WP(C) No.3693/2010 -4- College, which has facilities for providing internship for its students. It is stated that for reasons of their own, the petitioners managed to obtain Exts.P4, P5 & P9 and underwent training in the Government Homoeopathy Hospital, Kollam. The Principal contends that such training is against the provisions contained in Ext.P3, the Rules of internship. It is stated that only on completion of internship in the Hospital attached to the College, can the students claim CRRI Certificate. 6. I have considered the submissions made. 7. The fact that the students have undergone and completed the BHMS degree course in August, 2008 is not in dispute. The fact that the internship is governed by Ext.P3 Rule is also not in dispute. The only issue is whether the petitioners can be faulted for having undergone internship in a Government Hospital. Ext.P4 Government Order shows that the Government had directed the Director of Homoeopathy to provide facilities to the students like the petitioners for internship. Ext.P3 Rules itself provide that in certain circumstances, it is open to the authorities to depute internees like the petitioners for internship training in Homoeopathy Hospitals or Dispensaries run by the Government or Local Bodies. It is apparently in pursuance to Ext.P3 that Ext.P4 was issued. Based WP(C) No.3693/2010 -5- on Ext.P4, the then Principal himself had issued Ext.P9, forwarding the names of the students to the Director, indicating the Hospitals opted by them. It is on the basis of Ext.P9, that by Ext.P5 the Director of Homoeopathy allotted the petitioners and other students to the respective hospitals for internship. Therefore, it cannot be said that the internship undergone by the petitioners in a Government Hospital is against Ext.P3 or that the petitioners are to be blamed for having taken steps for such training, since it was at the instance of the Principal himself that the petitioners undergone such training. Admittedly, the petitioners have undergone such internship, which has already been certified by Exts.P6 & P7. Now that the petitioners have undergone 12 months internship and completed the same, they are entitled to be issued the certificates evidencing completion of their compulsory internship. This the 2nd respondent shall issue on the production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg