Karnataka High Court
Achutha Ayurveda Medical College vs The Union Of India on 22 February, 2024
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
W.P. No. 28897/2023
C/W W.P. No. 27566/2023
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. P.S. DINESH KUMAR, CHIEF JUSTICE
AND
R
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT PETITION NO. 28897 OF 2023
C/W
WRIT PETITION NO. 27566 OF 2023 (EDN-RES)
W.P. No. 28897/2023
BETWEEN:
1. ACHUTHA AYURVEDA MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTRE
GOPALAPURA, BAGLUR POST
BANGALORE-562 149.
ITS PRINCIPAL
DR. MANJUNATH PUJERI
S/O SIDDAPPA
AGED ABOUT 40 YEARS
R/O BENGALURU.
2. SPOORTHI AYURVEDIC MEDICAL COLLEGE
GANGAVATI
REPRESENTED BY ITS PRINCIPAL
DR. UMESH PURAD
S/O VERABADRAPPA PURAD
AGED ABOUT 60 YEARS
R/O GANGAVATI, TALUK GANGAVATI
DISTRICT KOPPAL-583 231.
3. RGE SOCIETY'S ATHARVA
AYURVEDA MEDICAL COLLEGE
AND HOSPITAL
W.P. No. 28897/2023
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DHARWAD-11.
IT'S PRINCIPAL
DR. RAJANISH METI
S/O SANGAPPA B. METI
AGED ABOUT 46 YEARS
R/O DHARWAD
TALUK AND DISTRICT DHARWAD-580 001.
4. TAPOVANA AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL
DODDABATHI
DAVANAGER-577 566.
ITS PRINCIPAL
DR. MAHANTESH .P.M
AGED ABOUT 43 YEARS
R/O DAVANAGERE
DISTRICT DAVANAGERE.
5. SRI. RAGAVENDRA AYURVEDA
MEDICAL COLLEGE AND HOSPITAL
MALLADIHALLI
TALUK HOLALKERE
DISTRICT CHITRADURGA
IT'S SECRETARY
DR. SRIPATHI N.E.
S/O. ESHWARAPPA .N.G
AGED ABOUT 44 YEARS
R/O MALLADIHALLI, TALUK HOLALKERE
DISTRICT CHITRADURGA-577 501.
6. SMT. RAJESHWARI KARPURMATH
MEMORIAL (RKM) AYURVED MEDICAL COLLEGE
VIJAYAPUR
IT'S PRINCIPAL
DR. N. M. RUDRAGOUDAR
AGED ABOUT 64 YEARS
R/O VIJAYAPUR
DISTRICT VIJAYAPUR-586 101.
7. ASHWINI AYURVEDI MEDICAL
COLLEGE AND PG CENTRE
DAVANAGERE.
IT'S PRINCIPAL
DR. GNANESWARA .L .M
W.P. No. 28897/2023
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S/O L.M. PALAKSHAIAH
AGED ABOUT 43 YEARS
R/O DAVANGERE
DISTRICT DAVANGERE-577 566.
8. AMRUTHA AYURVEDA MEDICAL
COLLEGE AND HOSPITAL
CHITRADURGA
ITS PRINCIPAL
DR. PRASHANTH .M.S
AGED ABOUT 41 YEARS
R/O CHITRADURGA
DISTRICT CHITRADURGA-677 501.
9. SHRI SHIVAYOGEESWAR RURAL
AYURVEDIC MEDICAL COLLEGE
AND HOSPITAL, INCHAL
TALUK BAILHONGAL
DISTRICT BELAGAVI
IT'S PRINCIPAL
DR. VINAY MOHAN GAJULA
S/O PANDU RANGA VITHAL
AGED ABOUT 49 YEARS
R/O BAILHONGAL
DISTRICT BELAGAVI-590 001.
10 . SWAMY VIVEKANAND AYURVEDIC
MEDICAL COLLEGE AND HOSPITAL
KESARATTI, LINGASGUR
DISTRICT RAICHUR
IT'S PRINCIPAL
DR. RAJASHEKHAR .H
AGED ABOUT 45 YEARS
R/O RAICHUR
DISTRICT RAICHUR-584 101.
11 . KPSVS AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL, MANVI
IT'S PRINCIPAL
DR. JEEVANESHWARAYYA
S/O SHARANAYYA SWAMY
AGED ABOUT 46 YEARS
R/O MANVI, TALUK MANVI
DISTRICT RAICHUR-584 101.
W.P. No. 28897/2023
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12 . SHRI KALIDAS AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL, BADAMI
IT'S PRINCIPAL
DR. VEERENDRA HATTI
S/O BASAVARAJ
AGED ABOUT 44 YEARS
R/O GULEDGUDD, TALUK BADAMI
DISTRICT BAGALKOT-587 101.
13 . DR. RAVI PATIL AYURVEDIC MEDICAL
COLLEGE HOSPITAL AND RESEARCH CENTRE
HONAGA, BELAGAVI
BY ITS PRINCIPAL
DR. KIRAN MURIGEPPA KHOT
R/O VIDHISHA RESIDENCY
FLAT NO. 104, NEAR SAI MANDIR SRI NAGAR
BELAGAVI 16.
14 . NEELGANGA AYURVEDIC MEDICAL
COLLEGE HOSPITAL AND RESEARCH CENTRE
YERBHAG, BASAVAKALYAN
IT'S PRINCIPAL
DR. ANITA SOMSHEKAR MAHAJAN
AGED ABOUT 42 YEARS
R/O SHANTA SOMSHEKAR MAHAJAN CAMPUS
YERBHAG TALUK, BASAVAKALYAN
DISTRICT BIDAR-585 401.
15 . SHRI. VIJAY MAHANTESH AYURVEDIC
MEDICAL COLLEGE, ILKAL
IT'S PRINCIPAL
DR. KESHAB CHANDRA DAS
S/O KAPIL CHARAN DAS
AGED ABOUT 57 YEARS
ILKAL, TALUK HUNGUND
DISTRICT BAGALKOT-587 125.
16 . KARNATAKA AYURVEDA MEDICAL
COLLEGE, MANGALURU
IT'S PRINCIPAL
DR. RAVI RAO .S
S/O SORAKE VISHNU RAO
AGED ABOUT 48 YEARS
W.P. No. 28897/2023
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R/O MANGALURU
DISTRICT MANGALORE-575 001.
17 . SAMATA AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL, ALAND
DISTRICT KALBURGI
IT'S PRINCIPAL
DR. NEETA SHRINIVAS DESHMUKH
D/O VISHNUPANT DESHMUKH
AGED ABOUT 55 YEARS
R/O KALBURGI
DISTRICT KALBURGI-585 101.
18 . AGM AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL
ALAGUR RC BIJAPUR ROAD
JAMAKHANDI.
IT'S PRINCIPAL
DR. PRAVEEN V. PATIL
AGED ABOUT 47 YEARS
R/O JAMKHANDI
DISTRICT BAGALKOT-587 125.
19 . BVVS AYURVED MEDICAL
COLLEGE AND HOSPITAL, BAGALKOT
IT'S PRINCIPAL
DR. MAHANTESH M. SALIMATH
S/O MADIVALAYYA V. SALIMATH
AGED ABOUT 50 YEARS
R/O BAGALKOT
DISTRICT BAGALKOT-587 125.
20 . BNM RURAL AYURVEDA COLLEGE
VIJAYAPUR
IT'S PRINCIPAL
DR. J.C. HUDDAR
AGED ABOUT 55 YEARS
R/O VIJAYAPUR
DISTRICT VIJAYAPURA-586 101.
21 . TMAES AYURVEDIC MEDICAL COLLEGE
HOSPET-583 201.
IT'S PRINCIPAL
DR. L. MANONMANI
W.P. No. 28897/2023
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S/O T.A. LAKSHMI NARASIMHA MURTHY
AGED ABOUT 55 YEARS
R/O HOSAPETE, TALUK HOSAPETE
DISTRICT VIJAYANAGAR.
22 . POORNIMA AYURVEDIC MEDICAL
COLLEGE HOSPITAL AND RESEARCH CENTER
RAICHUR.
ITS PRINCIPAL
DR. CHANDRASHEKHARA RADDI
S/O SHIVARADDEPPA KARAMUDI
AGED ABOUT 50 YEARS
R/O RAICHUR
DISTRICT RAICHUR-584 101.
23 . SUSHRUTHA INSTITUTE OF
AYURVEDA MEDICAL SCIENCES
AND RESEARCH CENTRE
DAVANGERE.
IT'S PRINCIPAL
DR. AKBAR KHAN .K.H
S/O HYDER ALI KHAN .K
AGED ABOUT 50 YEARS
R/O DAVANGERE
DISTRICT DAVANGERE-577 566. ...PETITIONERS
(BY SHRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SHRI. GURUDEV I. GACHCHINAMATH, ADVOCATE)
AND:
1. THE UNION OF INDIA
SECRETARY TO THE GOVERNMENT OF
MINISTRY OF HEALTH AND FAMILY WELFARE
(DEPARTMENT OF AYURVEDIC YOGA
AND NATUROPATHY, UNANI,
SIDDA AND HOMEOPATHY), (AYUSH)
IRCS BUILDING NO.1, RED CROSS ROAD
NEW DELHI-01.
2. THE CHAIRPERSON
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
MINISTRY OF AYUSH
W.P. No. 28897/2023
C/W W.P. No. 27566/2023
7
GOVERNMENT OF INDIA
NO. 61-65, INSTITUTIONAL AREA
JANAKAPURI, D-BLOCK
NEW DELHI-110 058.
3. NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
MINISTRY OF AYUSH
GOVERNMENT OF INDIA
NO. 61-65, INSTITUTIONAL AREA
JANAKAPURI, D-BLOCK
NEW DELHI-110 058.
REPRESENTED BY ITS SECRETARY.
4. THE PRESIDENT
MEDICAL ASSESSMENT AND
RATING BOARD FOR INDIAN
SYSTEM OF MEDICINE
NO. 61-65, INSTITUTIONAL AREA
JANAKAPURI, D-BLOCK
NEW DELHI-110 058.
5. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES, KARNATAKA
4TH BLOCK, JAYANAGAR
BANGALORE-560 011.
REPRESENTED BY ITS REGISTRAR.
6. THE KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, SAMPIGE ROAD
MALLESHWARAM-560 020.
REPRESENTED BY ITS
EXECUTIVE DIRECTOR. ...RESPONDENTS
(BY SHRI. SHANTHI BHUSHAN, DSGI FOR R1;
SMT. MANASI KUMAR, ADVOCATE FOR R2 TO R4;
SHRI. B.S. SACHIN, ADVOCATE FOR R5;
SHRI. N.K. RAMESH, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO EXTEND THE DATE OF
ADMISSION AND CONDUCT SUFFICIENT UNDER OF COUNSELLING
ROUNDS FOR ENABLING THE PETITIONERS-INSTITUTIONS TO FILL
W.P. No. 28897/2023
C/W W.P. No. 27566/2023
8
THE UNFILLED SEATS FOR THE ACADEMIC YEAR 2023-24 IN RESPECT
OF BAMS (UG) COURSES AND ETC.
W.P. No. 27566/2023
BETWEEN:
1. HITA AYURVEDIC MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTRE
AN INSTITUTION SPONSORED AND
MANAGED BY KSHATHRIYA EDUCATIONAL TRUST
NO. 64, DODDABIDARUKALLU
YESHWANTHAPURA HOBILI
GANGONDANAHALLI MAIN ROAD
NAGASANDRA POST
BENGALURU-560 073.
REP. BY ITS CHAIRMAN
DR. SEETHARAMAIAH .R
S/O RAMAIAH, AGE: 32 YEARS
2. S.A. NINGOJI AYURVEDIC MEDICAL COLLEGE,
HOSPITAL AND RESEARCH CENTRE
AN INSTITUTION SPONSORED AND MANAGED BY
NINGOJI EDUCATIONAL AND RURAL
DEVELOPMENT TRUST
DADEGAL - KOPPAL - 583 231.
REP. BY ITS CHAIRMAN
MR. SHASHIKANT
S/O ANDONAPPA NINGAJI, AGE: 52 YEARS
3. RAJASHEKARAIAH INSTITUTE OF AYURVEDA
MEDICAL SCIENCES AND HOSPITAL
AN INSTITUTION SPONSORED AND MANAGED BY
RAJASHEKARAIAH EDUCATIONAL AND CHARITABLE
TRUST, NO. 75, SOLUR VILLAGE, MAGADI
RAMANAGARA-562 127.
REP. BY ITS PRINCIPAL
DR. SANKANAGOUD PATIL
S/O MAHESHWARAGOUDA PATIL
AGE: 40 YEARS ...PETITIONERS
(BY SHRI. MADHUSUDAN NAIK, SENIOR ADVOCATE FOR
SHRI. ABHISHEK MALIPATIL, ADVOCATE)
W.P. No. 28897/2023
C/W W.P. No. 27566/2023
9
AND:
1. NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
JAWAHARLAL NEHRU BHARTIYA CHIKITSA
AVAM HOMEOPATHY ANUSANDHAN BHAWAN
NO. 61-65, INSTITUTIONAL AREA
JANAKPURI D-BLOCK
NEW DELHI-110 058.
REPRESENTED BY ITS SECRETARY.
2. MEDICAL ASSESSMENT AND RATING BOARD
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
JAWAHARLAL NEHRU BHARTIYA CHIKITSA
AVAM HOMEOPATHY ANUSANDHAN BHAWAN
NO. 61-65, INSTITUTIONAL AREA
JANAKPURI D-BLOCK
NEW DELHI-110 058.
REPRESENTED BY ITS PRESIDENT.
3. BOARD OF AYURVEDA
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
JAWAHARLAL NEHRU BHARTIYA CHIKITSA
AVAM HOMEOPATHY ANUSANDHAN BHAWAN
NO. 61-65, INSTITUTIONAL AREA
JANAKPURI D-BLOCK
NEW DELHI-110 058.
REPRESENTED BY ITS PRESIDENT
4. THE UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY
UNION SIDDHA AND HOMOEOPATHY [AYUSH]
'AYUSH BHAWAN', B BLOCK
G.P.O COMPLEX, INA
NEW DELHI-110 023.
REPRESENTED BY ITS
SECRETARY/SPECIAL SECRETARY
5. THE STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE DEPARTMENT
DIRECTORATE OF AYUSH
M.S. BUILDING
DR. AMBEDKAR VEEDHI
W.P. No. 28897/2023
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10
BENGALURU-560 001.
REPRESENTED BY ITS SECRETARY
6. KARNATAKA EXAMINATIONS AUTHORITY
18TH CROSS, SAMPIGE ROAD
MALLESHWARAM
BENGALURU-560 012.
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
7. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU-560 041.
REPRESENTED BY ITS REGISTRAR. ...RESPONDENTS
(BY SMT. MANASI KUMAR, ADVOCATE FOR R1 TO R3;
SHRI. SHANTHI BHUSHAN, DSGI FOR R4;
SHRI. SUDEV HEGDE, AGA FOR R5;
SHRI. B.S. SACHIN, ADVOCATE FOR R5;
SHRI. N.K. RAMESH, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER
OR DIRECTION, DECLARING THAT THE PETITIONER INSTITUTIONS
BEING GRANTED LETTER OF PERMISSIONS-LOPs BELATEDLY ARE
ENTITLED FOR THE EXTENSIONS OF THE DEADLINE FOR GRANT OF
ADMISSIONS TO THE UG BAMS COURSES FOR THE ACADEMIC YEAR
2023-24 AND ETC.
THESE WRIT PETITIONS, HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 30.01.2024, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, CHIEF JUSTICE, PRONOUNCED THE FOLLOWING:-
W.P. No. 28897/2023
C/W W.P. No. 27566/2023
11
ORDER
Writ Petition No.27566 of 2023 has been filed with
following prayers:
(i) Issue a Writ in the nature of mandamus or any other
appropriate Writ or order or Direction, declaring that
the petitioner institutions being granted Letter of
Permissions - LOPs belatedly are entitled for the
extensions of the deadline for grant of admissions to
the UG BAMS Courses for the academic year
2023-24; and
(ii) Issue a Writ in the nature of Mandamus or any other
appropriate Writ or Order or Direction, directing the
Respondents No.1 to 3 to grant extension of the
deadline to admit students to the vacant seats of the
petitioner institutions to the UG BAMS Course for the
academic year 2023-24 and consequently direct the
respondents No.1 to 7 to conduct counselling and to
admit students the vacant seats of the petitioner
institutions to the UG BAMS Course for the academic
year 2023-24 in terms of the procedure notified by
the Karnataka Examinations Authority; and
(iii) Issue a Writ in the nature of mandamus directing the
respondents No.1 to 3 to adhere to the notified
timelines under the National Commission for Indian
System of medicine Act, 2020 and the regulations
notified thereunder for the purpose of grant of
permission for the relevant academic year; and
(iv) Issue a Writ in the nature of mandamus directing the
respondents No.1 to 3 to extend the deadline for the
last date for admissions to the UG BAMS Courses for
the relevant academic year proportionately to the
extension of the deadline for the grant of permissions
to conduct UG BAMS Courses for the relevant
academic year; and
(v) Issue such other appropriate reliefs as this Hon'ble
Court deems fit to grant in the facts and
circumstances of the case; in the interest of justice
and equity.
2. Writ Petition No.28897 of 2023 has been filed with
following prayers:
(i) Issue a writ of mandamus directing the Respondents
to extend the date of admission and conduct sufficient
number of counselling rounds for enabling the
petitioners - institutions to fill the unfilled seats for
the academic year 2023-24 in respect of BAMS (UG)
courses.
(ii) Grant such other reliefs as this Hon'ble court deems fit
under the circumstances of the present case including
an order for costs may kindly be passed.
3. Heard Shri. Madhusudhan Naik, learned Senior
Advocate for the petitioners in W.P. No. 27566/2023;
Shri. G.S.Kannur learned Senior Advocate for the petitioners
in W.P. No. 28897/2023, Ms. Mansi Kumar, learned
Advocate for NCISM, Shri. Shanti Bhushan learned Deputy
Solicitor General of India for the UOI, Shri. Sudev Hegde
learned AGA for the State and Shri. N.K.Ramesh for KEA1.
4. The main prayer involved in these writ petitions are
similar. Hence, they are heard simultaneously and disposed
of by this common order.
5. Briefly stated the facts in W.P.No. 27566/2023 are,
petitioners are Ayurvedic Medical Colleges. The NCISM2 had
invited applications for the establishment of new Ayurveda
institutions for the academic year 2023-24. The last date for
filing the applications was 30.11.2022. Despite submitting
the applications on time, the inspection of the Institutions
was conducted belatedly. The 'Letter of Permission' was
granted on 23-24.11.2023. The Institutions were included in
counselling on 30.11.2023, which was the last date notified
Karnataka Examination Authority
National Commission for Indian System of Medicine
for admissions for the year 2023-24. As a result many seats
have remained vacant. The Colleges submitted their
representation to the NCISM, seeking extension of the last
day for admission which was not considered. Hence, this writ
petition.
6. Shri. Naik, for the petitioners, submitted that the they
have submitted their applications within time and the NCISM
completed the procedure belatedly. The Institutions will not
be able to function effectively without proper admissions.
7. Ms. Mansi, for NCISM in W.P.No. 27566/2023
submitted that 17% of the seats remain vacant. Since
petitioner institutions are new colleges, they require time to
build their brand and attract the students. Additional rounds
of counselling are not likely to benefit them.
8. Briefly stated facts in W.P.No. 28897/2023 are,
petitioners are Ayurvedic Medical Colleges. The colleges
have not been able to fill up all the available seats even
after almost all the rounds of counselling. Therefore they
approached the NCISM seeking extension of time, which has
not been considered. Hence, this writ petition.
9. Shri. Kannur, for the petitioners, submitted that stray
vacancy rounds are conducted for MBBS Colleges and not for
Ayurvedic institutions; the Institutions are run from out of
the fee collected from students and if students are not
admitted, then the institutions would suffer great loss.
10. Ms. Mansi Kumar, for the NCISM in W.P.No.
28897/2023, submitted that unfilled seats cannot be a
ground for additional rounds of counselling. The classes have
commenced from November 2023, and if fresh admission
process is to be conducted the newly admitted students
would not be able to cope up with the academic schedule.
She submitted that there not many takers for the Ayurvedic
course due to which the seats have remained unfilled.
Providing extra rounds of counselling or extending the last
date for admission would not bring any drastic change in the
number of unfilled seats.
11. We have carefully considered rival contentions and
perused the records.
12. The issue involved in these writ petitions is that the
seats in petitioner Institutions are not filled up and they
have approached this Court seeking extension of the
counselling process and last date for admission.
13. The fact that there are many seats left unfilled in the
Institutions is undisputed. The question as to whether extra
rounds of counselling can be held due to the unfilled seats
has been answered by the Apex Court in the case of Neelu
Arora and Anr Vs. Union of India and Ors3, relied upon by
Ms. Mansi. It was held that:
"6.....Out of about 1600 seats, if 250 seats are not filled
up for various reasons, we do not think it should result in the
third round of counselling. If that process is to be adopted then
there will be again vacancies and further filling up of the seats
falling vacant will have to be undertaken. In that process, it will
become endless until all the seats under the All-India Quota are
filled up. ..... Even if seats are unfilled that cannot be a ground
(2003) 3 SCC 366
for making mid-session admissions and there cannot be
telescoping of unfilled seats of one year with permitted seats of
the subsequent year."
(Emphasis Supplied)
14. In Dr. Subodh Nautiyal v. State of U.P. and Ors4, the
Apex Court has observed that in respect of a technical
course, to admit a student four months after the
commencement would not at all be correct. The relevant
Para reads thus:
"Considering from this point of view, to maintain excellence
the courses have to be commenced on schedule and be
completed within the schedule so that the students would have
full opportunity to study full course to reach their excellence and
come at par excellence. Admission in the mid- stream would
disturb the courses and also work as a handicap to the
candidates themselves to achieve excellence. Considering from
this pragmatic point of view we are of the considered opinion
that vacancies of the seats would not be taken as a ground to
give admission and direction by the High Court to admit the
candidates into those vacant seats cannot be sustained."
(Emphasis Supplied)
1993 supp. (1) SCC 593, para 14
15. It is important to note that no student has
approached this Court seeking extension. It is only the
institutions. Ms. Mansi is right in her submission that there
are not many takers for the seats in the course offered by
the petitioner institutions and hence, the seats have been
remained unfilled.
16. Another important point is that the classes have
commenced from November 2023. At this juncture, if the
admission process is extended, it cannot be limited only to
petitioner institutions excluding other Ayurvedic Colleges
across the State. This would result in discontinuance of the
academic schedule and the newly admitted students would
not be able to cope up with the course.
17. The contention of the petitioners in W.P.No.
27566/2023 is that they were granted Letter of Permission
belatedly and on this ground, they have prayed for
extension of admission. This contention does not merit
consideration because when seats in established Institutions
have remained unfilled, it is reasonable to infer that the
seats in newly established Institutions will not be filled up.
18. Therefore, in view of the settled position of law and
aforementioned discussion, these writ petitions do not merit
consideration and accordingly, are dismissed.
No Costs.
Before parting with this judgment, this Court places on
record its deep appreciation for the research and assistance
rendered by its official Research Assistants-cum-Law Clerks,
Ms. Preksha R. Lalwani and Ms. Pooja Umashankar.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SPS
