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2025 DAILYLAW 37957 (RAJ)

RAHUL PARASHAR S/O YADUVANSH PARASHAR v. KESHAV AYURVEDIC MEDICAL COLLEGE AND HOSPITAL

CW/19248/2025 · 2025-12-19

Anuroop Singhi

body2025

Judgment text

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[2025:RJ-JP:51417] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19248/2025 Rahul Parashar S/o Yaduvansh Parashar, Aged About 29 Years, R/o Sunar Gali Bari, District Dholpur Rajasthan. ----Petitioner Versus 1. Keshav Ayurvedic Medical College & Hospital, Through Its Director, At Village Kevachi Khurd, Tehsil Akalera, District Jhalawar, Rajasthan. 2. Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Jodhpur, At Nagor Road, Karwar, Jodhpur Rajathan. 3. Department Of Aayush, Union Of India, Through Its Secretary, At Ayush Bhawan, GPO Complex, New Delhi -110023. 4. National Commission For Indian System Of Medicine (NCISM), Through Its Chairperson, At Plot No. T-19, 1st And 2nd Floor, Block 4, Dhanwantari Bhawan, Road No. 66, Punjabi Bagh (West), New Delhi-110026. 5. Department Of Higher Education, State Of Rajasthan, Through Its Principle Secretary, At Secretariat Jaipur. ----Respondents For Petitioner(s) : Mr. Sachin Kumar For Respondent(s) : Mr. Tanishq Aditya Parmar on behalf of Mr. S. S. Naruka, AAG, Mr. Vishesh Sharma, Mr. Samrath Sharma, HON'BLE MR. JUSTICE ANUROOP SINGHI Order 19/12/2025 1. The present writ petition has been filed by the petitioner with the following prayers: “(a) Issue an appropriate writ, order or direction in the nature of Mandamus thereby directing respondents to forthwith permit the petitioner to continue and complete his mandatory one-year rotatory internship in the institution of respondent [2025:RJ-JP:51417] (2 of 5) [CW-19248/2025] No.1, strictly in accordance with law and without imposing any illegal or extraneous monetary demand, and; (b) Issue the appropriate directions to respondents to correct and regularize the attendance of the petitioner by deleting all wrongful and unjustified absence marks recorded against him and to maintain his internship records strictly based on actual attendance, and to record the attendance of the petitioner in the biometric mod also along with physical attendance register, and; (c) In the alternative, and without prejudice to the above, direct respondents to facilitate the petitioner’s transfer and admission for internship to any other duly recognized and affiliated Ayurvedic College within the State of Rajasthan, along with immediate issuance of all requisite documents including No Objection Certificate (NOC), so that no further academic loss is caused to the petitioner, and;” 2. The primary grievance that compelled the petitioner to approach this Court is that, despite the compromise dated 10.09.2025, executed between the petitioner and respondent No. 1 (College), which unequivocally provides that the petitioner would be permitted to undergo his internship with respondent No. 1 (College) and that no fee for the said internship would be demanded, respondent No. 1 (College) is not permitting the petitioner to continue as an intern and is even demanding a fee for the internship. 3. Mr. Sachin Kumar, learned Counsel for the petitioner submits that despite regularly visiting respondent No. 1 (College), he is either not permitted to attend or, despite his presence, his [2025:RJ-JP:51417] (3 of 5) [CW-19248/2025] attendance is not marked. He further submits that the National Commission for Indian System of Medicine Act, 2020, and the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 2022 (hereinafter referred to as ‘Regulations of 2022’), issued in supersession of the Regulations of 1986, more particularly Clause 16 thereof, specifically provide that there shall be no fee for internship in the same institute. Thus, on the basis of the compromise dated 10.09.2025 and the aforementioned regulations, it is prayed that the respondents be mandatorily directed to ensure compliance with the compromise dated 10.09.2025 and, consequently, to permit the petitioner to complete and continue his mandatory one-year rotatory internship with respondent No. 1 (College), without demanding any fee for the said internship. 4. Per contra, Mr. Samarth Sharma, learned counsel appearing for respondent No. 1 (College), submits that respondent No. 1 (College) has always been inclined to permit the petitioner to join and continue as an intern and has always been willing to ensure due compliance with the compromise dated 10.09.2025. He further submits that despite the said compromise specifically providing that the petitioner would join the college for internship w.e.f. 17.09.2025, he approached the college only on 29.09.2025, which itself demonstrates the conduct of the petitioner. Learned counsel further submits that several interns have undergone internship with the college and no such issue has ever been raised, and therefore, respondent No. 1 (College) cannot be blamed for charging any fee from any intern. Learned counsel [2025:RJ-JP:51417] (4 of 5) [CW-19248/2025] further submits that they are ready and willing to permit the petitioner to join as an intern and that no fee for the internship would be charged from the petitioner. He further submits that no fee was ever demanded by respondent No. 1 (College), either from the petitioner or from any other intern. 5. In rejoinder, learned counsel for the petitioner submits that the only reason he approached respondent No. 1 (College) on 29.09.2025 was that the internship batch for the said academic session commenced only on 01.10.2025, and thus, there was no occasion for him to approach the college prior thereto. 6. Heard and considered the submissions made by learned counsel for the parties and perused the record. 7. Considering the submissions made, it is evident that while the petitioner is willing to join and continue as an intern with respondent No. 1 (College), even the respondent No. 1 (College) itself is inclined and willing to have the petitioner as its intern. Thus, no further dispute survives for adjudication by this Court. 8. Learned counsel for the parties are ad idem that, in terms of Clause 16 of the Regulations of 2022, no fee for the internship can be demanded by respondent No. 1 (College). 9. Accordingly, the writ petition stands disposed of with the directions that the petitioner be permitted to continue and complete his mandatory one-year rotatory internship with respondent No. 1 (College) strictly in accordance with law. No fee for the said internship period shall be demanded by respondent [2025:RJ-JP:51417] (5 of 5) [CW-19248/2025] No. 1 (College). The attendance of the petitioner shall be duly recorded strictly in accordance with law. 10. With the aforesaid directions, the writ petition stands disposed of. 11. Pending application(s), if any, also stand(s) disposed of. (ANUROOP SINGHI),J Seema/94