D A V INSTITUTE OF PHYSIOTHERAPY Vs. NAVLEEN KAUR

JUDGEMENT

(1.) Vide this order five appeals i. e. Appeal No.952 of 1996 D. A. V. Institute of Physiotherapy V/s. Miss Navleen Kaur and Ors. , Appeal No.953 of 1996 - D. A. V. Institute of Physiotherapy V/s. Miss Kavita Kaushal and Ors. , Appeal No.954 of 1996, D. A. V. Institute of Physiotherapy V/s. Miss Chetna Arora and Ors. , Appeal No.955 of 1996, D. A. V. Institute of Physiotherapy V/s. Samir Sehdev and Ors. , and Appeal No.939 of 1996, Miss Chetna Arora and Others V/s. D. A. V. Institute of Physiotherapy and Ors. , challenging order of District Forum, Jalandhar dated 18.10.1996 are being disposed of. Four complaints i. e. Complaint No.200 of 1995, Miss Chetna Arora and Anr. V/s. D. A. V. Institute of Physiotherapy and Anr. , Complaint No.655/201 of 1995, Miss Kavita Kaushal and Anr. V/s. D. A. V. Institute of Physiotherapy and Anr. , Complaint No.202 of 1995, Samir Sehdev and Anr. V/s. D. A. V. Institute of Physiotherapy and Anr. , and Complaint No.249 of 1995, Miss Navleen Kaur and Anr. V/s. D. A. V. Institute of Physiotherapy and Anr. , had been decided by one common order under challenge by the District Forum, Jalandhar. Learned Counsel appearing for the parties have stated that the appeals before this Commission can also be disposed by one order as the same points of law and facts are involved in all the cases.

(2.) The facts in representative capacity may be noticed from Complaint No.249 of 1996 and Appeal No.952 of 1996 arising out of the said complaint.

(3.) The complainants Miss Navleen Kaur and others approached the District Forum by stating that the opposite parties have established D. A. V. Institute of Physiotherapy at Jalandhar from the year 1994 for introducing Diploma in Physiotherapy course of 3 years plus three months internship. For admission in the said diploma in Physiotherapy a number of advertisements were issued in various newspapers all over India by the opposite parties and to demonstrate that the advertisements published in the Hindustan Times on 21.7.1994 and 30.7.1994 have been annexed as Annexures C-l and C-2 wherein it is mentioned that the D. A. V. Institute of Physiotherapy is approved by Indian Association of Physiotherapists (in short IAP) and the syllabus and Curriculum is as per International standard of Physiotherapy and it was stated that application on prescribed form for admission in diploma in Physiotherapy from the candidates obtaining minimum 45% marks in 10+1 (Medical) would be received upto August 10, 1994 by 4 p. m. Prospectus alongwith admission form can be had from the office of the Institute on payment of Rs.100/- or by sending Rs.120/- by Bank Draft only, if required by post in favour of Director, D. A. V. Institute of Physiotherapy, Jalandhar. The complainants purchased the prospectus and application form Annexure C-3 for Rs.100/- for admission in the Diploma in Physiotherapy for session/academic year 1994-95. In the prospectus, it was inter alia mentioned that the course is recognised by I. A. P. , an All India body recognised by the Government of India and the Curriculam and Syllabus is as prescribed by the I. A. P. and conforming to International standard of Physiotherapy. Examination will be conducted by the faculty constituted by I. A. P. The complainants deposited Rs.200/- for Entrance Test and the same was held on 14.8.1994 for admission in the session/ academic year 1994-95 followed by interview on 15.8.1994 and they being successful were granted the admission.