Allahabad High Court
C/M R.G.S. Ayurvedic Medical ... vs State Of U.P. Thru. Its Addl. Chief ... on 14 March, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- WRIT - C No. - 1927 of 2023
Petitioner :- C/M R.G.S. Ayurvedic Medical College And Research Center Thru. Prin. Dr. [email protected] Dhurwa Kumar Mishra
Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt Of Ayush, Govt. Of U.P. Lko. And 4 Others
Counsel for Petitioner :- Rajat Rajan Singh
Counsel for Respondent :- C.S.C.,A.S.G.I.,Devak Vardhan
Hon'ble Karunesh Singh Pawar,J.
1. Heard Shri Rajat Rajan Singh, learned Counsel for the petitioner, Shri Anand Dwivedi, learned Counsel for respondent no.2, Shri Dheeraj Awasthi, Advocate holding brief of Shri Devak Vardhan, learned Counsel for respondent no.3 and learned Standing Counsel for respondent nos.1,4 and 5.
2. Through this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs :-
"(i) To issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 02.03.2020, passed by the Respondent No.3 as contained in Annexure No.1 to the Writ Petition;
(ii) To issue a writ, order or direction in the nature of mandamus commanding the Respondents to not to give effect the operation and implementation of the impugned order dated 02.03.2020, passed by the Respondent No.3 as contained in Annexure No.1 to the Writ Petition;
(iii) To issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 and 3 extend the last date of admission in BAMS and BUMS Courses upto 31sth March 2023.
(iv) To issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 and 3 to lower the minimum percentile of NEET 2022 by 10% for admission in BAMS and BUMS Courses.
(v) To issue a writ, order or direction in the nature of mandamus commanding the Respondent No.1 and 5 to conduct another/stray round of counselling for filling up the vacant seats of the Petitioner Institution in BAMS Course by giving relaxation in minimum percentile of NEET to the students.
(vi) To issue a writ, order or direction in the nature of mandamus commanding the Respondent No.1 and 5 to conduct the counseling of 15% All India Quota seats in petitioner Institution in pursuance to the order dated 12.10.2022 of the Ministry of Ayush, Government of India.
(vii) To issue a writ, order or direction in the nature of mandamus commanding the Respondent No.1 to allow the Petitioner Institution to take direct admission of eligible students on seats remaining vacant, if any, after the last round of counselling;
(viii) To issue any other writ, order or direction which this Hon'ble Court may deem just and proper in circumstances of the case; and
(ix) To allow this writ petition with all costs in favor of the Petitioner."
3. Learned counsel for the petitioner submits that the controversy involved in this petition has already been adjudicated and decided by a Co-ordinate Bench of this Court vide judgment and order dated 3.3.2023 passed in Writ-C No. 1747 of 2023: C/M Alpsankhyak Shiksha Vikas Samiti Knp. and another vs. State of U.P. and others. He further submits that the aforesaid judgment and order 03.03.2023 passed by a Co-ordinate Bench of this Court was also assailed before the Division Bench of this Court in Special Appeal No. 91 of 2023 and the Division Bench of this Court, vide judgment and order dated 06.03.2023, had affirmed the aforesaid judgment and order dated 03.03.2023 (supra) passed by a Co-ordinate Bench of this Court.
4. Learned Counsel for the respondents submits that by means of the judgment and order dated 03.03.2023, a Co-ordinate Bench of this Court has dismissed the Writ-C No. 1747 of 2023, which was affirmed by a Division Bench of this Court by means of the judgment and order dated 06.03.2023 in Special Appeal No. 91 of 2023. They emphasized on paragraph Nos. 31 and 32 of the judgement which reads as under:-
"31. If we further examine the reason given by the Commission in the order dated 02.03.2023 in the light of undisputed fact that though NEET UG carries 715 maximum marks and the cut-off marks for general category candidates has been fixed at 117 and those for reserved category has been fixed to be 93, though this Court is not expert in such matters, however, we have no reason to disagree with the Commission's view that further lowering the cut-off marks will not be conducive for the purpose for which NEET is organized i.e. to select the best of the candidates to pursue medical courses in Indian systems of medicine.
32. The submission made on behalf of the appellants-petitioners that there exists non-availability of the candidates and because of their non-availability seats in their institutions remained unfilled also does not impress us for the simple reason that the total available candidates on the basis of existing cut of percentile are 9,93,069 whereas the total number of seats to be filled in all streams of the undergraduate courses is only 2 lakhs. Accordingly, the possibility of available candidates who are credited with more percentile than the cut-off percentile having not opted for the institutes run by the appellant-petitioners, cannot be denied."
5. I have considered the submissions advanced by learned counsel for the parties and also perused the record as well as judgements and orders dated 03.03.2023 and 06.03.2023 (supra) placed before this Court by the learned counsel for the petitioner. I am also of the view that it is the domain of the authority concerned to fix the criteria. The minimum criteria is fixed by an Expert Body to get suitable candidates. It is not for this Court to fix or reduce the criteria.
6. In view of the above, the writ petition is dismissed.
Order Date :- 14.3.2023
Madhu
