PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of some students of the Course of Diploma in Physiotherapy and is filed praying for continuation of the Condensed Bachelor Degree in Physiotherapy (in short 'Condensed BPT') Course all over West Bengal and for declaration that the decision of the Academic Council, West Bengal University of Health Sciences for not continuation of the 'Condensed BPT' Course and also the decision of the 'Board of Studies', West Bengal University of health Sciences dated November 6, 2009 for not continuation of the 'Condensed BPT' Course are bad in law, procedure and against the equity and natural justice and for other consequential reliefs.
(2.) IN order to appreciate the nature of reliefs sought for in the application, the prayers made in the said application are quoted below:- a) A writ in the nature of Mandamus directing the respondents, their men, agents to continue the course of 'Condensed BPT' all over West Bengal as it is continuing in the year 2009- 2010 and to keep open the avenue of the students of Diploma in Physiotherapy (DPT) to get higher studies like 'Master in Physiotherapy (MPT)' and Ph.D. works and as such to keep open higher rank services. b) A writ in the nature of Mandamus directing the respondent authorities to illustrate why they have not continued such course of 'Condensed BPT' and to declare the decision of Academic Council, West Bengal University of Health Sciences for not continuation of BPT (Condensed) course and also the decision of 'Board of Studies', the West Bengal University 6th of Health Sciences dated November, 2009 for not continuation of BPT (Condensed) course are bad in Law, procedure and against the equity and natural justice. c) A writ in the nature of Certiorari directing the respondents to produce all the records of this case so that conscionable justice may be rendered to the petitioner. d) A Rule Nisi in terms of prayer (a), (b) and (c) above. e) Service upon respondents be dispensed with. f) An interim order of stay of the decision of Academic Council, West Bengal University of Health Sciences for not continuation of BPT (Condensed) course and also the decision of 'Board of Studies', the West Bengal University 6th of Health Sciences dated November, 2009 for not continuation of BPT (Condensed) course until last student of the Diploma in Physiotherapy (DPT) have obtained the degree of 'Condensed BPT' and/or at least three years from 2010 or until disposal of the Writ Petition. g) An ad interim order directing the respondents to continue the 'Condensed BPT' course until last student of the Diploma in Physiotherapy (DPT) have obtained the degree of 'Condensed BPT' and/or at least three years from 2010. h) Cost of and incidental cost to this application. i) Such order or further order or orders and/or direction or directions as may be deemed fit and necessary in the interest so of justice. The case in short required for the purpose of disposal of this application is etymologized below:- i) The petitioners passed the H.S. examination in Science stream with Physics, Chemistry and Biology and they got admitted to the Course of Diploma in Physiotherapy for a period of 2-Year Course with six months internship as provided under the provisions of The West Bengal University of Health Sciences Act, 2002. ii) After obtaining the Diploma in Physiotherapy, they are eligible for 'Condensed BPT' Course for a period of 2 years and after passing the said 'Condensed BPT' Course, they shall be treated as equivalent to Bachelor in Physiotherapy (henceforth shall be called 'BPT') and they are eligible to be admitted to the Master in Physiotherapy (henceforth shall be called 'MPT') Course. Then after passing successfully in the said Course, the students are eligible to the doctorate degree or high rank services. iii) Subsequently, the respondents opened another course of 4 1/2 years called Bachelor in Physiotherapy (in short 'BPT Course') and after passing the said Course of BPT, they are eligible to MPT Course for two years and then two other higher courses, such as, Doctoral Degree or higher rank services. iv) The petitioners came to know that the 'Condensed BPT' Course would be stopped from the session 2010-11 and then they approached the respondents to continue the Course of 'Condensed BPT' running at Burdwan Medical College until entire number of DPT-holder candidates had completed the Course of 'Condensed BPT'. But, they did not get any reply from the respondents. Even, the writ petitioner submitted the representation to the respondents and other concerned for continuation of the 'Condensed BPT' Course, but, no reply had been obtained from their end. v) In view of such decision of not continuing the 'Condensed BPT' Course from 2010-11, the students of the Diploma in Physiotherapy (hereinafter in short DPT Course) have no scope to study the Course of 'Condensed BPT' and as such, they are unable to make further studies for the MPT and Doctoral Degree Courses. vi) The petitioners have contended that the decision of the Academic Council, West Bengal University of Health Sciences for not continuing the 'Condensed BPT' Course and the decision of the 'Board of Studies', West Bengal University of Health Sciences dated November 6, 2009 for not continuation of the 'Condensed BPT' Course are bad in law, procedure and against the equity and natural justice. vii) So, this writ petition has been preferred by them. The respondent no.s 2 to 6 are contesting the said writ petition denying the material allegations raised in the writ petition contending, inter alia, that application is not maintainable in its present form. The petitioners have no cause of action to file the writ petition. The DPT Course and the 'Condensed BPT' Course were started purely on a temporary basis and now, a full-fledged degree Course in BPT having a duration of
(3.) 1/2 years has been started in 11 colleges in the State of West Bengal and as such, there are more than the desirable number of graduates in Physiotherapy within the State of West Bengal and for that reason, the bridging course, i.e., 'Condensed BPT' Course is not viable at all. The Academic Council of the said University, in exercise of its statutory powers has taken a decision to discontinue the 'Condensed BPT' Course from the session 2010-11 and this is a policy decision of the said University and so, such policy decision taken by the University cannot be scrutinized by this Hon'ble Court. As such, the said writ petition is liable to be dismissed. 4. Now, the question is (i) whether the discontinuation of the 'Condensed BPT' Course by the said University from the academic session 2010-11 can be scrutinized by this Hon'ble Court, and (ii) whether the petitioners are entitled to get reliefs as prayed for.;