Allahabad High Court
Krishna Yadav And Others vs Union Of India Thru. Secy., Ministry Of ... on 3 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:34571
Court No. - 20
Case :- WRIT - C No. - 4011 of 2024
Petitioner :- Krishna Yadav And Others
Respondent :- Union Of India Thru. Secy., Ministry Of Ayush, New Delhi And Others
Counsel for Petitioner :- Ishan Baghel,Ayush Tandon,Nishchal Verma,Veena Vijayan Rajes,Vishal Shukla
Counsel for Respondent :- A.S.G.I.,C.S.C.,Devak Vardhan,Dhirendra Pratap Singh
Hon'ble Shree Prakash Singh,J.
Heard Mr. Ishan Bhagel, learned counsel for the petitioner, Sri Dhiraj Awasthi, Advocate holding brief of Sri Devak Vardhan, learned counsel for NCISM, Sri Umesh Singh, learned counsel for the opposite party nos. 1 and 9, Sri Dhirendra Pratap Singh, learned counsel for the opposite party no. 7 and Sri Nitin Mathur, learned Additional Chief Standing Counsel for the State.
The present petition is preferred seeking a writ in the nature of certiorari quashing the decision if any, taken by National Commission for Indian System of Medicine for not updating the detail/data of the petitioner on the official website of National Commission for Indian System of Medicine or Uttar Pradesh Ayush Under-Graduate Counseling Board, while summoning the records and further writ of mandamus is also sought commanding the respondent nos. 4 and 6 to update the details and data of the petitioner on the official website of respondent nos. 4 and 6.
The factual matrix of the case is that in year 2020, the Central Government promulgated the National Commission for Indian System Medical Act, 2020 (hereinafter referred to as 'Act 2020') for improving the access to the students and thereafter, on 06.02.2023, the National Commission for Indian System of Medicine(hereinafter referred to as 'NCISM') vide certificate dated 06.02.2023, granted the permission to the respondent no. 8 institution for establishing new Ayurveda Medical College. For the academic session 2022-2023, the institution was permitted to run 60 seats in undergraduate (BAMS) course and thereafter, the institution approached for inclusion of its name in the under graduate counseling, under section 14 of the Act, 2020.
The petitioner said to be appeared in the National Eligibility cum Entrance Test conducted by NCISM through the allotment letter issued by the Member Secretary, Uttar Pradesh Ayush Undergraduate Counseling Board (hereinafter referred to as 'Board') and the petitioner has been allotted the institution in the mop-up round. Thereafter, the petitioner pursued his course for the academic session 2022-2023, but allegedly due to some technical fault, the name of the petitioner could not be uploaded on the official website of NCISM, thereafter, the respondent institution wrote letter while approaching the Director/Member Secretary of the Board for uploading the detail of students, including the petitioner, but nothing was done. Subsequently, on 19.01.2024, the Director/Member Secretary Homeopathy, U.P. wrote a letter to respondent no. 2, while transcribing therein, the names of 15 candidates/students, including the present petitioner, but no decision is taken by the State, rather on 14.03.2024, the State Government intimated to the Director Homeopathy, U.P. that since as per the Government Order 10.12.2022, no proceeding is required to be done by the State and therefore, the matter was again remitted back to the Director Homeopathy to take decision on its own.
In the meantime, the petitioner was kept on writing to the different authorities for uploading his name, but that was of no avail, even the letter has also been written to NIC on 04.10.2023, but the request was declined on the ground that since, counseling of 2023-2024 is started and therefore, it is not possible to upload the name of the students/petitioner. Under the aforesaid exigencies, the petitioner approached this Court, while preferring the instant petition.
The contention of counsel for the petitioner is that the petitioner is validly selected candidate through the National Eligibility Cum Entrance Test conducted by NCISM and thereafter, he became entitled to pursue the course without any interruption. He next added that it is undisputed that the petitioner is inducted properly through the Board, adopting due course, and he has also started his study with respondent institution i.e. opposite party no. 8, but it seems that due to some negligence on the part of the institution, the names of petitioner could not be uploaded on the portal and therefore, it was left to be uploaded by the NIC as well and therefore, the data could not reach to the office of NCISM.
He argued that there is no fault on the part of the petitioner as he is duly selected through 'Board 2022' and it is nobody's case that the petitioner is not duly inducted/selected. He also added that the petitioner being the student is suffering hard and his academic carrier is on stake therefore, submission is that the appropriate authority may be directed to upload the name of the petitioner on the portal/website of NCISM and the NCISM may further be directed to proceed accordingly.
Finally, adding the arguments, he submits that in ditto identical matter i.e. Writ -C Nos. 3075 of 2024 and 3748 of 2024, this Court has passed the judgment and order on 22.4.20024 and 25.04.2024, respectively and, therefore, the present petitioner is also entitled for the same benefits, which is not denied by counsel for the opposite parties.
On the other hand, Sri Dheeraj Awasthi, holding brief of Sri Devak Vardhan, counsel for the NCISM has submitted that NCISM has no objection, if any technical fault is corrected by appropriate authority.
The counsel appearing for other opposite parties have no objection to the contention aforesaid.
Considering upon the submission of counsels for the parties and the judgment and order dated 22.4.2024 passed in Writ -C Nos. 3075 of 2024 and 3748 of 2024, the present writ petition is, hereby, allowed.
Thus, this Court is of the considered opinion that the present petitioner is also entitled for the benefit of judgment and order dated 22.4.2024 passed in Writ-C No. 3075 of 2024, therefore, the opposite party no. 9 as well as NCISM are directed to upload the name of the petitioner on the portal/website made therefor and further do as needful. The other opposite parties shall co-operate therein.
It is further provided that the aforesaid proceedings shall be carried out by the NIC and NCISM within a period of two weeks from the date a certified of this order is produced before it.
Order Date :- 3.5.2024
Anurag, PS Gr-I
