Calcutta High Court (Appellete Side)
Ct. 238 Burdwan Homoeopathy ... vs The Union Of India & Ors on 12 December, 2022
164 12-12-2022
AKG
WPA 17647 of 2022
Ct. 238 Burdwan Homoeopathy Medical College & Hospital
Vs.
The Union of India & Ors.
Mr. Malay Dhar,
Mr. Arindam Sen,
Mr. Santanu Das,
Mr. Sagnik Bhattacharya,
Mr. Rishav Gupta
...for the Petitioner
Mr. Rudrajyoti Bhattacharya,
Ms. Ranjana Chatterjee
...for the Respondent
Mr. Raja Saha,
Mr. S. P. Lahiri
...for the State
The petitioner is a Homoeopathy Medical College.
The petitioner wants to admit the students in
B.H.M.S. course, who have not qualified NEET
(National Eligibility Entrance Test).
Petitioner relies upon an interim order
passed by the Delhi High Court in W.P. (C) 451 of
2022 (Priyanshu Undaviya and Ors. Vs. Union of
India & Ors.).
It has been submitted on behalf of the petitioner
that various High Courts have passed different
interim orders permitting the students who have not
qualified NEET to take admission in the course in
addition to the qualified candidates.
Mr. Dhar, learned advocate appearing for
the petitioner places reliance upon a judgment
reported in 1995 Supp (1) SCC 461 (Vishnu Traders
Vs. State of Haryana) to argue that though the interim
order does not create any binding precedents, the
need for uniformity in the exercise of judicial
discretion requires that all similar matters should
receive the same treatment except where factual
differences require different treatment.
Mr. Bhattacharjee, learned advocate appearing
for the respondent nos. 2 & 3 submits that the appeal
preferred against the said interim order of Delhi High
Court has not yet been heard by the Hon'ble Supreme
Court. It has been submitted that sincere efforts are
being made for the early hearing of the appeal and the
matter is running in the list of Hon'ble Supreme
Court.
Mr. Bhattacharjee submits that the academic
standard in the study of medicine should be
maintained and as such the seats should not be filled
up by the students, who have not qualified NEET.
In view of the judgment of Hon'ble Supreme
Court in Vishnu Traders (supra), I am inclined to pass
the similar interim order as passed by the Delhi High
Court in W.P. (C) 451 of 2022 and accordingly, I allow
the college to admit students in B.H.M.S. course for
the academic year 2022-2023 with the NEET qualified
students, at the first instance. If the seats are not
filled up by the NEET qualified students, then the
college will be at liberty to admit students who have
not qualified NEET but are otherwise qualified to
pursue the B.H.M.S. course in terms of the applicable
regulations.
In the admission letters, the college will indicate
that the admissions of the students are subject to
outcome of the present proceeding.
List this matter two weeks after the Christmas
Vacation under the heading "To Be Mentioned" when
the parties will intimate as to the outcome of the
appeal pending before the Hon'ble Supreme Court
against the interim order of the Delhi High Court.
(Kausik Chanda, J.)
