Delhi High Court
Shri Ram Krishan Parmhans Shikha ... vs Union Of India And Anr on 6 August, 2020
$~1 (appellate side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM APPL. 16373-16375/2020 in REVIEW PET. 474/2018
in W.P.(C) 7954/2017
SHRI RAM KRISHAN PARMHANS SHIKSHA
PARISHAD ..... Petitioner
Through: Mr. Amitesh Kumar, Adv. with
Ms. Priti Kumari and Ms.
Binisha Mohanty, Advs.
versus
UNION OF INDIA & ANR ..... Respondents
Through: Ms. Archana Pathak Dave,
Adv. for R-2
Mr. Madhu Sudan Bhayana,
Adv. for Shri Krishna Ayush
University
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 06.08.2020
(Video-Conferencing)
CM APPL. 16374/2020 in REVIEW PET. 474/2018 in W.P.(C)
7954/2017
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL. 16375/2020 in REVIEW PET. 474/2018 in W.P.(C)
7954/2017
1. Subject to duly affirmed affidavit, vakalatnama being filed, and
deficient court fee being paid within 72 hours of resumption of normal
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
court work, exemption, as sought, is granted for the present.
2. The application is disposed of.
CM APPL. 16373/2020 in REVIEW PET. 474/2018 in W.P.(C)
7954/2017
1. This is an application, at the instance of the petitioner, Shri Ram
Krishan Parmhans Shiksha Parishad, for a direction to M/s Shri
Krishna Ayush University to declare the result of 17 students, who
were admitted to the BAMS examination, to the said institution,
pursuant to the order, dated 30th October, 2018, passed by this Court,
in WP (C) 7954/2017.
2. The prayer clause in this application reads thus:
" It is most respectfully prayed that this Hon'ble Court
may graciously be pleased to:
(a) direct Shri Krishna Ayush University to
declare the results of 17 students admitted in the
Applicant Institution who were admitted
pursuant to order dated 30.10.2018 passed by
this Hon'ble Court in CWP No.7954/2017 and
whose admissions have been protected by this
Hon'ble Court vide order dated 21.12.2018
passed in Review Petition No.474/2018; and/or
(b) direct the Shri Krishna Ayush University
to promote the 17 students successful in the
examination to 2nd year of BAMS course and
unsuccessful student, if any, may be permitted
to take the supplementary examination; and/or
(c) pass such other or further order(s) as this
Hon'ble Court may deem fit and proper in the
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
facts and circumstance of the case as well as in
the interest of justice."
3. Having heard Mr. Amitesh Kumar, learned counsel for the
applicant/petitioner and Mr. Madhu Sudan Bhayana, learned counsel
for Shri Krishna Ayush University, I am of the opinion that the present
application has been preferred before the wrong forum, inasmuch as
the permission, to the aforesaid 17 students, to undertake the BAMS
examination, was granted, not by this Court, but by an interim order
passed by the High Court of Punjab and Haryana in CWP 18352/2019.
4. No doubt, the students were provisionally admitted in the
BAMS course, on the basis of the order, dated 30 th October, 2018
passed by this Court in WP(C) 7954/2017. That writ petition was,
however, dismissed by this Court vide judgment dated 17th December,
2018. Review Petition 474/2018 was preferred, by the petitioner,
seeking review of the aforesaid judgment, dated 17th December, 2018.
Judgment was reserved in the Review Petition, by this Court, and is
yet to be pronounced.
5. 13 students, qua the result of whom, inter alia, the present
application has been moved, had petitioned the High Court of Punjab
and Haryana, by way of CWP 18352/2019 (Swati v. State of
Haryana).
6. Inasmuch as the aforesaid students had obtained admission in
the Shri Krishna Ayush University, on the basis of the interim order
passed by this Court, during the pendency of the writ petition, which
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
was subsequently dismissed, the High Court of Punjab and Haryana,
vide order dated 1st August, 2019, noting the fact of pendency of
Review Petition 474/2018 before this Court, permitted the 13
petitioners before it, to provisionally appear in the BAMS examination
scheduled to be held with effect from 2nd August, 2019. While doing
so, it was specifically "made clear that the arrangement is purely on
provisional basis and would confer no equity or right in favour of the
petitioners solely on account of their having been allowed to take the
examination on provisional basis on their own risk and responsibility".
It was further directed that "result of the examination qua the
petitioners shall not be declared by respondent No.5 University
without the permission of the Court and the same would be subject to
the outcome of the writ petition".
7. Obviously, the reference to "the Court" in the words, italicized
supra, from the order dated 1st August, 2019 of the High Court of
Punjab and Haryana in CWP 18352/2019 refers to that High Court,
and not to this Court.
8. As such, in view of the aforesaid directions, the students, who
had been permitted to appear in the BAMS examination, by the High
Court of Punjab and Haryana, would have to petition the High Court
of Punjab and Haryana, for their results to be declared.
9. CWP 18352/2019 came, subsequently, to be dismissed by the
High Court of Punjab and Haryana, vide judgment dated 14th
February, 2020. Letters Patent Appeal 303/2020, preferred by the
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
students against the said order, also came to be dismissed vide order
dated 12th March, 2020.
10. Mr. Amitesh Kumar draws my attention to the fact that the
prayers in CWP 18352/2019, before the High Court of Punjab and
Haryana, were entirely distinct, as the students had, in that writ
petition, sought adjustment in some other college affiliated to the Shri
Krishna Ayush University.
11. That may be so; the fact remains, however, that permission to
the said students, to appear in the BAMS examination, was granted by
the High Court of Punjab and Haryana, at an interlocutory stage in
CWP 18352/2019, with a specific rider that the results of the
examination would not be declared without the leave of the High
Court of Punjab and Haryana.
12. That direction has not been altered, while dismissing the writ
petition, or in the order passed in the Letters Patent Appeal, thereafter.
13. In view thereof, I am of the opinion that, as the declaration of
the results of the BAMS examination undertaken by the aforesaid 17
students would be a relief consequential to the permission to appear in
the examination, which was allowed, not by this Court, but by the
High Court of Punjab and Haryana, and especially in view of the
specific directive by the High Court of Punjab and Haryana that the
result of the examination would not be declared without obtaining
leave of that court, it may not be proper - even assuming, arguendo,
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
that it were permissible - for this Court to consider the prayer of the
petitioner/applicant, in this application on merits.
14. Mr. Amitesh Kumar places reliance on an order dated 21st
December, 2018, passed by me, during the pendency of the Review
Petition, in which status quo, qua the admission of the aforesaid 17
students, was directed to be maintained, during the Review Petition.
That order does not, however, justify entertainment, by this Court, of
the present application. As I have observed hereinabove, though
admission had been secured, by the aforesaid 17 students, on the basis
of the interim order passed by me in the writ petition, and their
continuance, as students in Shri Krishna Ayush University, may be
relatable to the aforesaid interim order, dated 21st December, 2018,
permission to appear in the BAMS examination was granted by the
High Court of Punjab and Haryana.
15. For the aforesaid reasons, therefore, I am of the view that,
appropriately, the prayer for declaration of the result of BAMS
examination, undertaken by the students, would have to be made
before the High Court of Punjab and Haryana.
16. I do not, therefore, enter any observation, on merits, regarding
the present application filed by the petitioner.
17. On this position being drawn to his attention, Mr. Amitesh
Kumar, learned counsel for the petitioner/applicant, seeks leave to
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
withdraw this application, with liberty to approach the High Court of
Punjab and Haryana for appropriate relief.
18. Granting leave and liberty as aforesaid, the application is
dismissed as withdrawn.
19. The Registry is directed to make all efforts to upload this order
on the website of this Court within 24 hours.
C. HARI SHANKAR, J.
AUGUST 06, 2020
dsn
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:10.08.2020
16:42:55
