HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT/ PETITIONER Writ Appeal No. 190 of 2008 Versus Ku. Sonpa Vishwakarma, D/o. Shri R.R. Vishwakarma, aged about 22 years, R/o. Surajpur, Surguja District Surguja (C.G.) RESPONDENTS 1) 2) 3) 4) 5) 6) 7) State of Chhattisgarh, Through the Secretary, Health & Family Welfare Department, D.K.S. Bhawan, Raipur, District Raipur (C.G.) Director, Unani Homeoplathy & Ayurved Directorate, Raipur, District Raipur (C.G.) Pt. Ravishankar Shukla University, through its Registrar, Pt. Ravishankar Shukla University, Raipur, District Raipur (C.G.) Guru Ghasidas University, through: its Registrar, Guru Ghasidas University, Bilaspur, District Bilaspur (C.G.) Vice Chancelior, Guru Ghasidas University, Bilaspur, District Bilaspur (C.G.) C.L. Chouksey Memorial Homeopathic Medical College, Lal Khadan, Bilaspur, through: its Director, C.L. Chouksey Memorial Homeopathic Medical College, Lal Khadan, Bilaspur, District Bilaspur (C.G.) Principal, C.L Chouksey Memorial Homeopathic Medical College, Lal Khadan, Bilaspur, District Bilaspur (C.G.) ^'T'y ^^^ 8) Central Council of Homeopathy, Delhi, through: its Secretary, Central Council of Homeopathy, 61-65, Institutional Area, Janakpuri, New Delhi -110058. 9) President, Central Council of Homeopathy, 61-65, Institutional Area, Janakpuri, New Delhi 110058 10) Maharana Homeopathic Medical College, New Rajendra Nagar, Raipur, through: its Principal, Maharana Homeopathic Medical College, New Rajendra Nagar, Raipur (C.G.) WRIT APPEAL UNDER SECTION 2(1) OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT, 2006 R/W RULE 157(101 OF CHHATTISGARH HIGH COURT RULES. 2005 Present: Shri Manoj Paranjpe, learned counsel for the appedant. Shri Kishore Bhaduri, learned Additional Advocate General for the State/ respondents No. 1 and 2. Shri Neeraj Choubey, learned counsel for respondent No.3. Shri Ashish Shrivastava, learned counsel for respondents No.4,5 & 10. Shri Pankaj Shrivastava, learned counsel for respondents No.6 & 7. Shri Dheeraj Wankhede, counsel on behalf of Shri Ranbir Singh, learned counsel for respondents No.8 & 9. Shri Rajendra Prasad, Principal, CL Chouksey Memorial Homeopathic Medical College, Bilaspur (respondent No.7 present in person) JUDGMENT (01st April, 2009) The following judgment of the Court was passed by Rajeev Gupta, C.J. ^' The appellant has filed this writ appeal against the impugned order dated 05.08.2008 passed in WP(C) No.7356/2007. 2) The appellant / petitioner filed the writ petition for the following reliefs: "7.1 The Hon'ble Court may kindly be pleased to issue a wriVwrits, order/orders, direction/directions against the respondent No.8 & 9 to issue the order of permission in favour of the petitioner in respect of change the institution or they may kindly be directed to grant permission to the petitioner in respect of the change of the institution and to pass the order on the application of the petitioner dated 15.09.2007 (Annx. P-19). 7.2 The Hon'ble Court may kindly be pleased to issue a writ of mandamus against respondent N6. 1, 2, 3, 4 & 5to grant migration certificate to the petitioner and they may kindly be directed to permit the petitioner to appear in llnd Year B.H.M.S. Examination, which is scheduled to take place from 12.12.2007. 7.3 The Hon'ble Court may kindly be pleased to issue a writ of mandamus of the Hon'ble Court may kindly be pleased to issue a suitable writ/writs, direction/directions, order/orders against respondent No. 6 & 7 to issue the transfer certificate with no objection certificate and for returning the original certificates of the petitioner i.e. mark sheets of class 10th,12thandlstyearB.H.M.S. 7.4 That, the Hon'ble Court may kindly be pleased to direct the respondent No.1 to hold an inquiry in respect of the case of the petitioner and the responsible officers may kindly be punished and the proper action may kindly be directed to be taken against the respondent No. 6 & 7 and the compensation to the tune of Rs.10,00,000/- may kindly be awarded to the petitioner. 7.5 That, the Hon'ble Court may kindly be pleased to grant any other respondent relief which is deems fit and proper in the facts and circumstances of the case." ^' 3) During the hearing of the writ appeal on 26th and 27th March, 2009 a consensus was arrived at between the learned counsel for the parties, more particularly between the appellant's counsel and the counsel for respondents No.6 & 7 that if the appellant deposits the balance fee for the first year of BHMS, respondent No.6 Medical College will return the original documents submitted by the appellant while seeking admission to the appellant along with necessary 'No Objection Certificate' and 'Transfer Certificate'. 4) Today, during the course of.hearing, Shri Manoj Paranjape, learned counsel for the appellant handed over a sum of Rs.16,400/- towards the dues of appellant's fee for the first year BHMS course. 5) Shri Pankaj Shrivastava, learned counsel for respondents No.6 & 7 received the said amount on behalf of respondents No.6 & 7 and in return handed over the original documents of the appeliant and 'No Objection Certificate' and 'Transfer Certificate' to Shri Manoj Paranjape, learned counsel for the appellant. 6) In view of the above developments during the pendency of the appeal, tearned counsel for the appeilant does not dispute that the only grievance of the appellant now surviving is in regard to the compensation claimed by the appellant/petitioner in the writ petition. 7) The writ appeal, therefore, stands disposed of with the liberty to the appellant to avail other remedies which may be Wt '^, available to the appellant for the relief of compensation before an appropriate forum under the relevant provisions of law. 8) No order as tocoste^ Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu