Gujarat High Court
Raj Alkeshkumar Ranjitsinh vs Union Of India on 25 February, 2021
Bench: Mr. Justice Nath, Mr. Justice Shastri
C/LPA/298/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 298 of 2021
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=========================================================
MOMIN MISHBAFATEMA HASANABBAS
Versus
PAREKH ABHISHEK DINESHKUMAR
=========================================================
Appearance:
MR SHALIN MEHTA SR. ADVOCATE assisted by MR HEMANG M
for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,
30,31,32,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50
,51,52,53,54,56,57,58,59,6,60,61,62,63,64,65,7,8,9
MR DM DEVNANI ASSISTANT GOVERNMENT PLEADER for the
MR SIDDHARTH DAVE ADVOCATE for MR DEVANG VYAS(2794) for
MR. KM ANTANI(6547) for the Respondent(s) No. 57
=========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 25/02/2021
C/LPA/298/2021 ORDER
ORAL COMMON ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
We have heard Shri Shalin Mehta, learned Senior Advocate
assisted by Mr. Hemang Shah, learned counsel for the
appellants, Mr. Siddharth Dave, learned counsel representing
Union of India and Central Council of Homeopathy, Mr. K.M.
Antani, learned counsel representing the Admission Committee
for Professional under Graduate Medical Courses, Shri Premal
Joshi, learned counsel appearing for the Gujarat Ayurved
University and Mr. D.M. Devnani, learned Assistant Government
Pleader appearing for the State of Gujarat in all the appeals.
They waive notice for all the said respondents in all the appeals.
Let Notices be issued to the unrepresented respondents
returnable on 15.03.2021. All these matters may be listed on
the said date on top of the Board.
Mr. Shalin Mehta, learned Senior Counsel has placed
before us the relevant documents, although not through an
affidavit, but true copies of the same would show how the
matters proceeded in different High Courts relating to similar
matters, where students had been admitted in Ayurvedic
Colleges and Homeopathic Colleges, even though their percentile
in the NEET was lower than the minimum cutoff. In all these
five (5) States namely, Karnataka, Uttrakhand, Delhi, Punjab &
Haryana and Himachal Pradesh, the students were admitted
after obtaining interim orders from the High Court. The colleges
had given admission only on the basis of the interim orders
C/LPA/298/2021 ORDER
passed by the High Court. However, in the State of Gujarat, a
large number of such colleges running graduate courses for
Ayurvedic and Homeopathic Science, without intervention of the
Court, merely because the seats were left unfilled and that they
expected that the Ministry or the Admission Regulatory Body
would reduce the minimum cutoff percentile admitted students
in large numbers. Although, the admission letter mentioned that
the said admission is only provisional, subject to the final
decision that may be taken by the competent authority. In our
considered opinion, the colleges were completely not justified in
giving such provisional admissions, for the reasons which we will
discuss later after the colleges are noticed and heard.
Further Mr. Shalin Mehta, learned Senior Advocate has
also placed before us the relevant material relating to the
litigation which continued in the State of Maharashtra before the
Bombay High Court. In Maharashtra, the facts were slightly
different and there also similar to the State of Gujarat, the
colleges had given admission without intervention of the Court.
The Bombay High Court has passed an order with the consent of
the parties, and referred the matter to the competent authority
to examine the proposal for regularization of the admission of the
students, who, though were ineligible had been admitted. The
outcome of the same, according to Mr. Mehta has been
favourable to the students, but he has no documentary evidence
to that effect. The learned counsel for the respective parties may
obtain the instructions in this regard and apprise the Court on
the next date.
C/LPA/298/2021 ORDER
We have also been apprised of a recent judgment of the
Supreme Court dated 24.02.2021 in Writ Petition (Civil) No. 40 of
2018 and Writ Petition (Civil) No. 291 of 2019 and we are also
conscious of a Division Bench judgment of this Court dated
27.11.2019 passed in Letters Patent Appeal No. 1817 of 2019,
wherein, the Supreme Court and this Court noticing the gross
mischief on the part of the private colleges, saddled them with
heavy costs, but however, saved the admission of the students,
for reasons recorded in the orders, taking a sympathetic view.
The Supreme Court has also directed in the judgment dated
24.02.2021 that the students given admissions illegally, would
be performing two (2) years of community service after
completing their course. In view of the above facts and
circumstances, we issue notice to all the private colleges arrayed
as respondents in this group of appeals, to show cause, why
their affiliations and recognitions be not cancelled and if
permissible why criminal prosecution be not lodged against
them.
Further, in order to protect the interest of the students i.e.
the appellants before us, we provide that the interim protection
granted to them earlier of continuing their studies, shall
continue, the examinations which have been held, in which the
appellants could not appear, the University will hold separate
examinations, at the earliest and all the students will be allowed
to continue to pursue their courses in whatever semesters they
may be, during the pendency of these appeals.
In case the examinations are still continuing or are about
C/LPA/298/2021 ORDER
to continue, the University and the Colleges would ensure that
the appellants are allowed to write the examinations and
whatever is left out, separate examinations may be held.
Mr. Premal Joshi, learned counsel, has raised an objection
that some of the writ petitioners apart from the fact that their
NEET percentile was lower than the minimum cutoff, they did
not have the minimum marks required in their Class XII, such
students should not be allowed to write their examinations. Mr.
Shalin Mehta, learned Senior Counsel appearing for the
appellants has submitted that none of the appellants fall in this
category of not having minimum marks in their Class - XII
examination and in case, by mistake any of such candidates has
been joined in the appeal, the University may withhold their
admit card for examinations.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
/phalguni/
