When the application and petition are called out and taken up for hearing, learned advocate for the applicant - writ petitioner is not present.
2. Learned counsel for the respondent No.4 has placed on record communication dated 22.3.2012 wherein it is stated, inter alia, that the respondent No.4 has yet not received any request of the applicant - writ petitioner.
3. Learned counsel for the respondent No.3 submitted that the respondent No.3 has forwarded the applicant's request on or around 19.3.2012.
4. On earlier occasion, i.e. on 15.2.2012, an order was passed in Special Civil Application No.1989 of 2011, which reads thus:-
"Let notice be issued on respondent nos. 2, 3 & 4 at the present correct address. Direct notice or notice by speed post is permitted. Ms. Krina Calla, learned AGP accepts notice on behalf of respondent no.1. Counsel for the petitioner-appellant will serve copy of paper book on her by 17th February 2011. Post the matter on 4th March 2011. In the meantime, if the respondent passes any order, which may affect study of the petitioner, the petitioner may ask for interim relief."
5. Now, the applicant has come out seeking below mentioned reliefs/directions:-
"9(A) Your Lordships be pleased to direct the respondent no.3 to forward the proposal in the prescribed form to respondent no.4 for the purpose of carrying out inspection in connection with the seat in question.
(B) To direct the respondent nos.2 & 3 to conduct final examination of Post Graduate Diploma in Orthopedic Course and permit the applicant to appear in the same."
6. So as to appreciate the scope and nature of the reliefs prayed for by the petitioner in present application, it is also necessary to take into account the reliefs prayed for by the petitioner in the writ petition as well. The reliefs prayed for in the writ petition read thus:-
"23(A) To issue writ of mandamus or any other writ or dorection directing the respondents to consider the petitioner as a Student of Post Graduate Diploma in Orthopedic and be permitted to continue and conclude the Course of Post Graduate Diploma in Orthopedic.
(AA) Your Lordships be pleased to issue appropriate writ, order and direction quashing and setting aside the communication dated 20-12-10 by M.C.I. To the Secretary, Government of India, Ministry of Medical Health and Family Welfare, bearing Reference No.MCI-96-22/2010-MED/48868.
(B) Pending admission and final hearing and disposal of this petition, to direct the respondents to consider the petitioner as a Student of the Diploma in Orthopedic of the respondent no.3 - Institution and permit him to attend the Course of Post Graduate Diploma Orthopedics.
(BB) Pending admission and Final hearing and disposal of petition direct Respondent No.3 to forward the proposal in the prescribed form to the respondent No.4 M.C.I. for the purpose of carrying out Inspection in connection with the seat in Diploma Orthopedic."
7. It can be seen from the reliefs prayed for by the writ petitioner that the writ petitioner has essentially prayed that the permission to continue and conclude the course of Post Graduate Diploma in Orthopedic may be granted to him. When the said request is yet to be considered, the relief prayed for in present application at para 9(B) cannot be considered and/or granted at this stage. Therefore, the reliefs prayed for in present application at para 9(B) is not entertained.
8. So far as the relief prayed for in para 9(A) is concerned, it has emerged during the hearing today, particularly from the submission of learned counsel for the respondent No.3 that the request has already been forwarded by the respondent No.3 to the respondent No.4. However, it seems that the respondent No.4 has not received the said request.
9. Under the circumstances, as such, the relief prayed for in para 9(A) is concerned, the same stands satisfied since the respondent No.3 has already forwarded the request. Therefore, any other or further direction is not required to be passed with regard to the said prayer.
It is, however, clarified so as to remove any doubt that if and when the respondent No.4 receives the request forwarded by the respondent No.3, the respondent No.4 will take into consideration the same and appropriate order will be passed in accordance with law, as early as possible, preferably within 15 days from the date on which the request is received by the respondent No.4.
With the aforesaid observations, clarifications and direction, present application stands disposed of.
(K.M.Thaker, J.) kdc Top