HARISH SINGH Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) The petitioners before this Court, in this Bunch of writ petitions are persons who have undergone a Course, known as "Panchkarma Assistant", which was conducted by an Open University in Uttarakhand, known as "Uttarakhand Open University," through a mode which is called by the University as "Distance Education Mode". The problem which is now being faced by all the petitioners is that even after undergoing this Course, the Indian Medical Council of Uttarakhand/respondent no. 5 refuses to register them and, hence, they have filed these writ petitions before this Court with the following prayers:-
"I) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 06.07.2013, passed by respondent no. 5, annexed as Annexure No.17 to this writ petition.
II) Issue a writ order or direction in the nature of mandamus directing to the respondents to treat the diploma obtained by the petitioner in Panchakarma from the Uttarakhand Open University as a valid and recognized qualification and further to direct the respondent no. 4 & 5 to issue registration certificate in favour of the petitioner in view of their diploma obtained from Uttarakhand Open University after calling entire records from the respondents.
III)Issue writ rule or direction in the nature of mandamus directing to the respondents before issuing the registration certificate of the petitioner, shall not start or carried out any further course of Panchakarma Sahayak so the legitimate and legal expectation as well as legal right of the petitioner shall not be effected pursuant to the newly proposed course.
IV)Issue writ rule, order or direction appropriate in nature directing the respondents to pay sum of Rs.10 lakhs each to the petitioner as compensation for the malicious and dubious act of the respondents for the mental agony and suffering of the petitioner and fix the liabilities on the erring officer.
V) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
VI)Award the cost of the petition."
(2.) Counter affidavit has been filed by the Indian Medical Council or "Bhartiya Chikitsa Parishad" of Uttarakhand/respondent nos. 4 & 5 as well as by Uttarakhand Open University/respondent no.6 and they are being represented by Mr. Shivanand Bhatt, Advocate and Mr. Pradeep Lohani, Advocate respectively. The State and its authorities are being represented by Mr. Paresh Tripathi.
(3.) Heard the learned counsels for the parties at length.;
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