Rishi Priyan George Philip.K Vs the State of Tamil Nadu

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents to issue completion certificate.

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https://www.mhc.tn.gov.in/judis

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W.P No.746 of 2024

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For Petitioner : Mr.N.Sudharsan

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For Respondents : Mr.K.Tippu Sultan, Government Advocate for RR1 to 4

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M/s.B.Saraswathi, Senior Advocate For M/s.K.R.Ananthavalli for R5

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ORDER

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The present writ petition has been filed directing the respondents to issue the Completion Certificate.

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The learned counsel for the petitioner submitted that the petitioner

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joined in the D.Pham course at the fifth respondent's college for the academic years 2020-2022 and successfully completed the course, and clear all the arrear papers in the year 2023. It is further submitted that, as per the curriculum, a mandatory 500 hours of practical training is required, which must be completed over a period of three months According to the petitioner, he underwent this practical training at the Government Headquarters Hospital in Tenkasi from 09.01.2023 to 07.04.2023 and successfully completed the required training period. However, despite the completion of the training, the fourth respondent has not issued the Completion Certificate.

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The said contention was strongly objected by the learned

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https://www.mhc.tn.gov.in/judis

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W.P No.746 of 2024

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Government Advocate appearing for the respondents 1 to 4 and submitted that the training period for the petitioner was from 09.01.2023 to 09.04.2023, totaling 91 days. However, out of these 91 days, the petitioner attended training only for 63 days and was absent for 28 days. For ready reference this Court deems it appropriate to extract the petitioner's attendance and absence record in detail.

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https://www.mhc.tn.gov.in/judis

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W.P No.746 of 2024

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Hence, the learned counsel submitted that the petitioner is not entitled to receive the Completion Certificate unless he completes the remaining 28 days of training, and that too, only based on a proposal submitted by the fifth respondent.

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I have given my anxious consideration to either side submissions and also perused the materials available on record.

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It is an admitted fact that, in accordance with the Pharmacy Council of India Rules, 200, a person, who has obtained a diploma is required to undergo 500 hours of practical training over a span of three months, period with at least 250 hours specifically allocated to the actual dispensing of prescriptions. In the case on hand, to meet this requirement, the Government has prescribed a 90-day training period. However, the petitioner attended only 63 days and was absent for 28 days. Therefore, it is apparent that the petitioner has not complete the mandatory practical training as stipulated under the Pharmacy Council of India Rules.

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https://www.mhc.tn.gov.in/judis

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W.P No.746 of 2024

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Therefore, this Court finds that the petitioner is not entitled to the Completion Certificate as prayed for, at this stage. However, this Court deems it appropriate to direct the fifth respondent to forward a proposal to the respondents 2 and 3, enabling the petitioner to complete the remaining 28 days of training. Upon receipt of such a proposal from the fifth respondent, respondents 2 and 3 are directed to consider it on its own merits and in accordance with law, and take a decision within a period of four (4) weeks from the date of receipt of a copy of this order. If approved, the petitioner shall be permitted to complete the remaining training period at the Tenkasi Hospital. Upon successful completion of the training, the second respondent is directed to issue the Completion Certificate.

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