Madhya Pradesh High Court
Hakeem Abdul Hameed Educational ... vs Union Of India on 5 September, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 5 th OF SEPTEMBER, 2023
WRIT PETITION No. 7822 of 2021
BETWEEN:-
HAKEEM ABDUL HAMEED EDUCATIONAL AND
CHARITABLE TRUST DEWAS (A TRUST REGISTERED)
UNDER THE M.P. PUBLIC TRUST ACT 1951 THR. ITS
SECRETARY DR. ZIA-UR-REHMAN SHEIKH S/O SHRI
ABDUL SATTAR 35, RAJJAB ALI MARG, DEWAS
(MADHYA PRADESH)
.....PETITIONER
(SHRI ASHUTOSH NIMGAONKAR, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. UNION OF INDIA THR. SECRETARY AYURVEDIC
YOGA NATUROPATHY UNANI SIDDHA AND
HOMEOPATHY (AYUSH) MANTRALALYA AYUSH
BHAWAN B-BLOCK GPO COMPLEX INA (DELHI)
2. STATE OF M.P. THR. PRINCIPAL SECRETARY
AYURVEDIC YOGA, NATUROPATHY, SIDDHA AND
HOMEOPATHY (AYUSH) MANTRALAYA VALLABH
BHAWAN, BHOPAL. (MADHYA PRADESH)
3. CENTRAL COUNCIL FOR INDIAN MEDICINE THR.
ITS SECRETARY 61-65 INDUSTRIAL AREA,
JANAKPURI, NEW DELHI (DELHI)
4. MP MEDICAL SCIENCE UNIVERSITY THR. TIS
REGISTRAR NSCB MEDICAL COLLEGE CAMPUS.
BHEDAGHAT ROAD. JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
( SHRI HIMANSHU JOSHI, LEARNED ASG FOR THE RESPONDENT NO.1).
SHRI ANIKET NAIK , LEARNED DY. ADVOCATE GENERAL FOR THE
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 9/5/2023
6:37:26 PM
2
RESPONDENT NO.2/STATE)
MS SWATI UKHALE, LEARNED COUNSEL FOR THE RESPONDENT NO.3)
This petition coming on for order this day, Justice Sushrut Arvind
Dharmadhikari passed the following:
ORDER
The petitioner in this petition under Article 226/227 of the Constitution
of India has challenged the hostile discrimination committed by the respondents
in permitting colleges offering Bachelor in Naturopathy, and Yoga Sciences
UG courses to admit students on vacant seats without qualifying minimum
percentile marks in NEET exam and restricting the colleges offering Bachelor in
Unani Medicine and Surgery UG courses to admit students only who have
qualified the minimum percentile prescribed under the Admissions Rules, 2020
which is violative of right to occupation of the petitioner conferred under
Article 19(i)(g) of the Constitutions of India.
2. Identical bunch of 34 cases came up for consideration before the
Principal Seat at Jabalpur[lead case being W.P. No. 5626/2021 (Hanemann
Homeopathic Medical College and Hospital Bhopal & Others Vs. The State of
Madhya Pradesh & Others)]. The judgment was delivered by the Principal Seat
at Jabalpur on 10.07.2023 concluding that:
"4. CONCLUSION
Thus, the plea of the petitioners to either direct holding of separate
NEET or to permit them to fill seats at college level cannot be given
a seal of approval especially when they have failed to substantiate
as to how and in what manner the impugned provisions are ultra
vires the Constitution. In this view of the matter and considering
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 9/5/2023
6:37:26 PM
the overall facts and circumstances of the case, we find no merit in
these petitions. Therefore, these writ petitions deserve to and are
dismissed.
5. No orders as to cost."
3. The Principal Seat at Jabalpur at the same time saved the admissions
of those students who participated in the examination by virtue of interim orders
passed by this Court in the Bunch of petitions by holding that :
"3.22 Before parting, it would be appropriate to mention
about the fate of the students who were admitted pursuant to the
interim orders passed by this Court in the present bunch of
petitions. This Court by interim orders had allowed the petitioner
institutions to admit students who had not cleared NEET. These
students, so admitted by virtue of interim orders, are in the midst of
their respective courses. Though this Court is rejecting all the
petitions but considering the time tested maxim of actus curiae
neminem gravabit (act of the Court shall prejudice none), this
Court deems it appropriate and to protect so admitted students
from being prejudiced, directs that in special circumstances as
prevailing herein, the admissions of the students admitted by virtue
of the interim orders passed during the pendency of these petitions,
are saved."
4. In the present petition as well, this Court had granted interim orders
by directing the institutions to admit the students who have not cleared NEET.
Accordingly, it is directed that admissions of the students admitted by virtue of
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 9/5/2023
6:37:26 PM
the interim orders passed by this Court during pendency of this petition, are
saved.
5. In view of the aforesaid, the order passed by the Principal Seat at
Jabalpur in bunch of 34 petitions [lead case being W.P. No. 5626/2021](supra)
shall apply mutatis mutandis to this writ petition and accordingly the present
petition deserves to be and is hereby dismissed.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 9/5/2023
6:37:26 PM
