Sarath S. M. v. Kerala University of Health And Sciences Medical College
2019-03-21
A.K.JAYASANKARAN NAMBIAR, HRISHIKESH ROY
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JUDGMENT : Hrishikesh Roy, J. Heard Sri.R.Rajasekharan Pillai, the learned counsel appearing for the appellant/writ petitioner. Also heard Sri.P.Sreekumar, the learned Standing Counsel representing the Kerala University of Health and Sciences [respondents 1 and 2], for short “the University”. The Principal of the Sree Krishna College of Pharmacy and Research Centre [respondent No.3] is represented by the learned Adv.Sri.Riji Rajendran, representing Adv.Sri.George Poonthottam. 2. The appellant was the writ petitioner. He approached the Court against the decision of the University that his certificate of having undergone internship can be issued only after successful completion of the Pharm. D course, and the internship he has undertaken before final success in the D. Pharm course, is of no consequence. 3. The learned Judge, in the impugned judgment, referred to the Kerala University of Health and Allied Sciences (KUHAS) Regulations and Syllabus for 6 year Pharm. D Course, hereinafter referred to as “the Regulations”, and extracted the relevant Clause 2(iii) therefrom. The same being relevant is extracted: “............. ….......... 2. OTHER DETAILS: (iii) Every candidate shall be required after passing the final Pharm.D. or Pharm.D. (Post Baccalaureate) examination as the case may be to undergo compulsory rotational internship to the satisfaction of the College authorities and University concerned for a period of twelve months so as to be eligible for the award of the degree of Pharm.D. or Pharm.D. (Post Baccalaureate) as the case may be. …..........................................................................................................” 4. After analysing the relevant Clause 2(iii) of the Regulations, the learned Judge observed in the impugned judgment that the petitioner's internship can be reckoned, only after he qualifies in the final examination, and the internship undertaken as an unsuccessful student, prior to passing the final examination of the D. Pharm degree course cannot be utilised for the purposes of reckoning the 12 months so as to make him eligible, for award of the Degree of the Pharm. D Course. 5. Assailing the above conclusion drawn by the learned Judge, Sri.Rajasekharan Pillai, the learned counsel for the appellant would argue that the Regulations [Ext.R3(a)] should be construed as a guideline without any statutory implication. On this, it must be noted, at the first instance, that the Regulations were framed under Section 10 of the Pharmacy Act, 1948, and therefore, it is a piece of statutory enactment which cannot be brushed aside as a guideline.
On this, it must be noted, at the first instance, that the Regulations were framed under Section 10 of the Pharmacy Act, 1948, and therefore, it is a piece of statutory enactment which cannot be brushed aside as a guideline. Moreover the Regulations notified by the Pharmacy Council of India, with the approval of the Central Government was admittedly regulating granting of Degree in the Pharm. D curriculum and registration of Pharmacists and it was applicable for all students pursuing the Pharm. D course. Therefore contention to the contrary by the appellant, is rejected. 6. The learned counsel for the appellant next argues that since the College had permitted the student to undergo the internship, without successfully passing the final Pharm. D examination, the student should not be penalised for the fault of the College particularly when the student never made any misrepresentation either to the College or to the University, in undertaking the internship prior to successful completion of the Pharm. D course. 7. In the context of the above argument, we may advert to the ratio in Rishabh Choudhary v. Union of India reported in [ (2017) 3 SCC 652 ], where the Supreme Court, in a similar context, stated the following: “ ….......................................................................................... 15. The question before this Court is not who is to be blamed for the present state of affairs – whether it is the students or the College or the State of Chhattisgarh. The question is really whether the rule of law should prevail or not. In our opinion, the answer is unambiguously in the affirmative. The College and the State of Chhattisgarh have not adhered to the law with the result that the petitioner became a victim of circumstances giving him a cause of action to proceed against the College and the State of Chhattisgarh being a victim of their maladministration. The plight of the petitioner is unfortunate but it cannot be helped. …................................................................................................................” 8. Applying the above ratio, the fault or otherwise of the student in undertaking the internship prior to passing the final examination of the Pharm. D course, can have no bearing.
The plight of the petitioner is unfortunate but it cannot be helped. …................................................................................................................” 8. Applying the above ratio, the fault or otherwise of the student in undertaking the internship prior to passing the final examination of the Pharm. D course, can have no bearing. The Clause 2(iii) of the Regulations clearly mandates that a student has to undergo rotational internship to the satisfaction of the College and the University, for a period of twelve months only after passing the final Pharm D. examination, and only then he is eligible for award of the Degree. If such be the stipulation in the Regulations, and the Regulations is a statutory enactment framed by the Pharmacy Council of India in exercise of powers under Section 10 of the Pharmacy Act, 1948, it would logical to apply the Regulation to test the merit of the appellant's contention. We however feel that where the relief militates against a statutory Regulation, equitable consideration for the student would be unmerited. 9. Following the above discussion, the impugned judgment of the learned Judge in the W.P.(C).No.41538/2018 is found to be correct, and accordingly, the Writ Appeal is dismissed.