Delhi High Court
Nehru Homeopathic Medical ... vs Ministry Of Ayurveda, Yoga & ... on 18 February, 2019
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th February, 2019
+ W.P.(C) 13321/2018 & CM APPLs. 51792-93/2018
NEHRU HOMEOPATHIC MEDICAL COLLEGE &
HOSPITAL ..... Petitioner
Through: Mr. Gautam Narayan, ASC for
GNCTD with Ms. Mahamaya
Chatterjee and Ms. Shivani Vij,
Advs.
versus
MINISTRY OF AYURVEDA, YOGA &
NATUROPATHY UNANI, SIDHA AND
HOMEOPATHY (AYUSH) & ANR ..... Respondents
Through: Mr. Vivek Goyal, CGSC with
Mr. Pawan Pathak, Adv. for R-
1/UOI
Mr. Amit Bansal, Adv. with
Ms. Seema Dolo, Adv. for R-
2/University of Delhi
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
% J U D G M E N T (ORAL)
1. This writ petition involves a very limited issue.
2. The letter of permission, permitting the petitioner Medical
College (which is a government medical college functioning since
1992) to start a new course of "Homeopathic Materia Medica" with
three seats, was issued by the Ministry of AYUSH (Respondent No.1
herein) on 8th January, 2018.
3. Immediately following thereupon, the petitioner wrote to the
University of Delhi (Respondent No.2 herein), on 9 th November, 2018
requesting the University to add three seats of "Homeopathic Materia
Medica" in the M.D (Homeopathy) course, and to initiate formalities
for admission against the said seats.
4. 10th and 11th November, 2018 happened to be Saturday and
Sunday respectively.
5. On 12th November 2018, the University informed the petitioner
that, as the course of "Homeopathic Materia Medica" was not
mentioned in the Brochure issued by the petitioner, it was not possible
to conduct admissions against the said Brochure for the said three
seats and that admissions could not be conducted afresh within the
time available, i.e. till 15th November, 2018 which, it may be noted,
was the last date fixed for effecting admissions to the said course.
6. The petitioner, thereupon, addressed representations, to the
Ministry on 13th November, 2018 and 15th November, 2018, seeking
extension of time to make the said admissions.
7. On 19th November, 2018, the University responded to the
communications of the petitioner, stating that inclusion of the said
course in the admissions to be made for 2018-2019 sessions would not
be possible as the course curriculum and scheme of examination had
been submitted for approval to the competent statutory bodies in the
University and their approval was awaited.
8. The writ petition also avers that, during this period, on 8 th
November, 2018 there was, in fact, a meeting conducted, in the
Ministry, to examine as to why the three seats remained vacant.
9. In the present proceedings before this Court, on 24 th December,
2018, it was submitted, by the University, that the proposal for
approval of the course curriculum, which stood approved by the
Central Council of Homeopathy, was scheduled to be put up before
the Academic Council of the University on 27 th December, 2018, but
that the said meeting stood deferred.
10. Mr. Amit Bansal, learned counsel appearing for the University
of Delhi, reports that the Academic Council approved the course
curriculum on 16th January, 2019, whereafter it was referred to the
Executive Council of the University.
11. The above facts were noted by me, in my order dated 7th
February, 2019. As the matter remained pending even thereafter with
the Executive Council, Mr. Gautam Narayan had advanced arguments
on the last date of hearing, relating to the jurisdiction of the Executive
Council, contending that, once the approval for the course curriculum
had been granted by the Central Council of Homeopathy, no other
authority was required to intervene in the matter.
12. It becomes unnecessary to enter into this aspect, as Mr. Amit
Bansal, appearing for Respondent No.2/University of Delhi, submits
that the Executive Council of the University has, on 16th February,
2019, approved the course contained in the syllabus, for the course of
Homeopathic Materia Medica, for which permission had been granted
to the petitioner, and that the applicable ordinance also stands
amended accordingly.
13. In view thereof, in my opinion, it would be a travesty of justice,
and would also set at naught the entire exercise, from the stage of
grant of permission to the petitioner, to admit students against the
aforementioned Homeopathic Materia Medica course, till the grant of
approval, by the Executive Council, to the course curriculum and
syllabus thereof, if the date for effecting admissions against the said
seats is not extended.
14. Mr. Amit Bansal submits that, now, the University would be
required to open the registration for this course and invite applications
thereagainst, following which counselling and admission against the
said seats would have to be effected. This entire exercise may take
four weeks.
15. Inasmuch as there are only three seats involved, this Court
extends the period for carrying out the exercise of admission against
the said three seats by four weeks from today, i.e. till 18 th March,
2019.
16. The writ petition stands disposed of in the above terms.
17. The University is directed to undertake the requisite exercise to
ensure that this order is complied with.
18. This Court records its appreciation for the proactive stands
adopted by the University as well as Mr. Amit Bansal, in the matter.
C. HARI SHANKAR, J
FEBRUARY 18, 2019
dsn
