The Taraqque Tibbi Society vs The Union Of India
2021 Latest Caselaw 9444 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

(1) S.B. Civil Writ Petition No. 6865/2021

Jayoti Vidyapeeth Womens University, Jaipur

----Petitioner Versus The Union Of India

----Respondent Connected With (2) S.B. Civil Writ Petition No. 6211/2021 Simran Singh

----Petitioner Versus The Union Of India

----Respondent

(3) S.B. Civil Writ Petition No. 6880/2021

Federation Of The Rajasthan Homoeopathic Medical Colleges

----Petitioner Versus Union Of India

----Respondent

(4) S.B. Civil Writ Petition No. 6901/2021

Rajputana Unani Medical College, Hospital And Research Centre

----Petitioner Versus Union Of India

----Respondent

(5) S.B. Civil Writ Petition No. 7099/2021

The Taraqque Tibbi Society

----Petitioner Versus The Union Of India

----Respondent

For Petitioner(s) : Mr. Akhilesh Rajpurohit Mr. Kuldeep Mathur, through Cisco Webex App

(2 of 3) [CW-6865/2021]

For Respondent(s) : Mr. Mukesh Rajpurohit Mr. Hemant Dutt, through Cisco Webex App

JUSTICE DINESH MEHTA

Order

13/05/2021

1. By way of the present writ petitions, petitioners have

challenged decision of the Central Government dated 08.04.2021/

13.04.2021, whereby they have refused to reduce minimum

requisite percentile for admission to Ayush Courses, while dealing

with Institutions' request in this regard in terms of proviso to

regulation of 2018 and 2019.

2. In prima facie opinion of this Court, the proviso does not

mandate the Central Government to reduce the percentile, it

rather confers a discretion which is evident by the use of

expression "may at its discretion".

3. Mr. Rajpurohit relies upon the judgment of Hon'ble the

Supreme Court dated 03.02.2021 rendered in the Case of "Harshit

Agarwal vs. Union of India". Upon perusal of this judgment, this

Court deems it appropriate to ask the concerned Council

(respondent No.4 and 5), as to what are/were its views in relation

to Institutes' request for reduction of percentile in terms of the

regulation of 2018.

4. The same is being considered necessary in view of the

observation made by Hon'ble the Supreme Court in the judgment

of Harshit Agarwal(supra), particularly para No.12 thereof, that

respondent No.2 therein (the Council) had recommended

reduction of percentile.

5. List these cases on 24.05.2021.

(3 of 3) [CW-6865/2021]

6. In case, the council has not sent any opinion in relation to

reduction of percentile in terms of the proviso, they would make

their stand clear in this regard.

(DINESH MEHTA),J

10-11,12,13,16-pooja/-

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