Rabade Sanjana Ananda And Ors vs Dr. J J Magdum Trust Jaysingpur Thr ...
2023 Latest Caselaw 4857 Bom

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 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIVIL APPELLATE JURISDICTION

              INTERIM APPLICATION NO.4536 OF 2023
                              IN
                 WRIT PETITION NO.1682 OF 2023

 Dr. J.J. Magdum Trust, Jaysingpur
 through its Vice President
 Sonale Vijay Magdum & Anr.                    ... Applicants
             V/s.
 Union of India, Ministry of Ayurveda,
 Yoga and Naturopathy Uniani, Siddha
 and Homeopathy (AYUSH) & Ors.                 ... Respondents

                                 WITH
              INTERIM APPLICATION NO.4550 OF 2023
                              IN
                 WRIT PETITION NO.1682 OF 2023

 Rabade Sanjana Ananda & Ors.                  ... Applicants
             V/s.
 Dr. J.J. Magdum Trust, Jaysingpur
 through its Vice President & Ors.             ... Respondents

 Dr Uday Warunjikar i/by Mr Ranjit D. Shinde for the
 petitioners.
 Adv. Rui Rodrigues with Mr. A.R. Gole for the
 respondent No.1 (UoI).
 Ms. Purnima Awasthi for respondent Nos.5 & 6.
 Ms. Yahya Ghoghari i/by Mr. Sameer Khedekar for the
 respondent No.4.

                               CORAM : AMIT BORKAR &
                                       KAMAL KHATA, JJ.

(VACATION COURT)

DATED : MAY 12, 2023

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P.C.:

1. The petitioner has moved this application for interim relief to direct the respondent to declare an additional CAP online admission round undergraduate BHMS courses for the Academic year 2022-2023.

2. Undisputedly, as per the schedule prescribed under the Act and rules, the period for admitting students has expired. Learned advocate for the University states that academic courses started two months ago. The Apex Court in the case of Parshavanath Charitable Trust and Others vs. All India Council for Tech. Education and Others., reported in (2013) 3 SCC 385 and subsequent judgment in the case of Maa Vaishno Devi Mahila Mahavidyalaya vs State of U.P. and Others, reported in (2013) 2 SCC 617 have laid down that the time schedule prescribed under the Parent Act and Rules need to adhere to all concerned including the management which applied for such relaxation. It is held that the recognition/admission schedule is in conformity with the provisions of the parent act. The Apex Court approved admission dates and declared it to be the law which shall be strictly adhered to by all concerned, and none of the authorities shall have the power or jurisdiction to vary these dates of admission. It is held that certainty in this field is bound to serve the ends of fair, transparent and judicious method of grant of admission and commencement of the technical courses. Any variation is bound to adversely affect the maintenance of higher standards of education and systemic and proper completion of courses. The observations made in both judgments apply to all

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educational courses which are governed by the parent body under the Central Act having the power to grant recognition, affiliating body and the State Government. Therefore, no case for an exception has been made as the academic course has already started two months back. At this stage, no interim relief as prayed can be granted.

3. Learned advocate for the petitioner submitted that the provisions of the AICTE Act and NCTE Act scheme are different from the scheme of admission governing homoeopathic courses. However, on perusal of the judgments, it appears that the observations made by the Apex Court are based on the scheme that the parent body created under the central Act governing the standards of education, including the power to fix the period for grant of recognition and all steps in consequence of that. Hence, the judgment in the case of Parshavanath Charitable Trust and Others (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra) squarely applies to the facts of the case.

4. Learned counsel for the petitioner next relied on the judgment of Karnataka High Court in the case of Karnataka State Private Homeopathic Medical College Association Vs Union of India Dated 3rd March 2023and Rajasthan High Court in the case of Rajasthan Vidyapeeth Homeopathic Medical College Vs The Union of India dated 2nd March 2023. It appears that both the High Courts have not considered the judgments of Parshavanath Charitable Trust and Others (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra). In both those cases, academic courses had not already

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started long back. Hence, the judgments are inapplicable in the facts of the case.

5. So far as the third contention raised on behalf of the petitioner was that the Apex Court, in the case Apollo Institute of Medical Sciences and Research and Others vs Union of India and Another, reported in (2017) 16 SCC 649 had granted reliefs to the petitioners therein. We have perused the judgment, and it appears the case arises out of management deficiencies while considering their application for recognition. During that process, the Apex Court found that prima facie, the management complies with the deficiency. In that context, the Apex Court, under Article 142, has granted relief. The view taken by the Apex Court in the case of Parshavanath Charitable Trust and Others (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra) is a binding precedent. In that case, academic courses had not already started long back.

6. The Advocate for the Petitioner submitted that the Petitioner Institute would make up for the loss caused to the prospective students due to their non-attendance for two months. However, in our opinion, grant of such permission would be contrary to the regulations/ ordinances of affiliating university, which compulsorily require students' attendance.

7. Hence, the petitioner is not entitled to any relief at this stage.

8. The interim application will be considered on 12 th June 2023 or any date thereafter as per the convenience of regular court.

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9. Place it before the regular Court on 12th June 2023.

      (KAMAL KHATA, J.)                           (AMIT BORKAR, J.)