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2025 DAILYLAW 49971 (ALL)

MAKARADHAWAJ KAUSHIK v. CENTRAL COUNCIL OF INDIA MEDICINE AND 4 OTHERS

WRIC/34662/2018 · 2025-02-17

Saral Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:23828 Court No. - 32 Case :- WRIT - C No. - 34662 of 2018 Petitioner :- Makaradhawaj Kaushik Respondent :- Central Council Of India Medicine And 4 Others Counsel for Petitioner :- Anil Kumar Mishra,Naveen Bajpai,Prabhakar Awasthi Counsel for Respondent :- A.S.G.I.,Ashish Kumar Ojha,Manoj Kumar Singh,Narendra Pratap Singh,Rohit Pandey,Santosh Kumar Singh Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Ms. Shambhavi Tiwari, holding brief of Sri Rohit Pandey, learned counsel for the respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs: "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to 3 to transfer the admission of the petitioner to any other college affiliated to Bundelkhand University, Jhansi, or to any other college/university affiliated to any other university conducting the B.A.M.S. course for II year and further studies. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to return the original documents, mark sheets and certificates of the petitioner deposited at the time of taking admission in the college. (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to return the 4 advance blank cheques nos.049805, 049806, 049807, and 049809 and 4 advance blank cheque nos. 049811, 049812, 049813, 049814 submitted with respondent no.4 and 5. (iv) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 to 3, to conduct free and fair enquiry of the Dr. Krishna Gopal Diwedi, Ayurvedic Medical College and Hospital, Sarmau, Jhansi, by an independent committee to investigate the matter and take legal actions against the respondent no. 4 and 5 for not conforming with the standards prescribed by the authorities for running a professional Medical Course (B.A.M.S.). (v) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 to 3, to conduct free and fair enquiry by a unbiased and responsible committee about the incident of ragging, mal-treatment, sexual and bodily abuse of the petitioner in the college and register a FIR against the senior students namely, saif lari, Jaiprakash chaubey, Sharad Shirauthia, Sagar Gupta and Shivendra Parmar and 6-7 unknown miscreants guilty of ragging the petitioner. (vi) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 4 and 5, to refund the security money of Rs. 20,000-00 paid through Demand Draft no. 040116 dated: 24-1-2016, Central Bank of India, Br-Mungawali, District-Ashok Nagar, at the time of counseling which is refundable as per directions of the respondent no.3, after taking admission in the college. (vii) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 4 and 5 to refund the remaining hostel fees for 6 months amounting to Rs. 42,000-00(i.e. half of the total Hostel Fees Rs. 84,000-00 paid for 1 year) as the petitioner was expelled from the hostel by the respondent no.4 and 5 after 6 months and thus is not having in the hostel since then. (viii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (ix) To award the cost of the petition in favour of the petitioner." 3. Learned counsel for the petitioner submits that he has confined his prayer only with respect to prayer no.1 . 4. So far as the prayer no. 1 is concerned, learned counsel for the petitioner could not demonstrate the Provision under which the transfer of petitioner can be considered. 5. Though, Ms. Shambhavi Tiwari, Advocate holding brief of Sri Rohit Pandey, learned counsel for the respondents states that Regulation-11 of Indian Medicine Central Council (Minimum Standards in Education of Indian Medicine) Amendment Regulations, 2016 provides the procedure for transfer in case of migration, where the College to which transfer is sought has no objection. 6. In the instant case, the petitioner has neither given specific College to which he wants to be transferred nor he has submitted any No Objection Certificate from the College where he wants to be transferred. In such view of the facts, the relief prayed for cannot be granted to the petitioner. 7. The petition lacks merit and is, accordingly, dismissed. Order Date :- 18.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad