Federation Of The Raj. ... vs The Union Of India
2022 Latest Caselaw 5023 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 4856/2022

Federation Of The Raj. Homoeopathic Med. College, Homeopathic Medical Colleges, Through Its Authorized Signatory Dr. Atul Kumar Singh S/o R.d. Singh, Aged About 52 Years, Presently Working As Director Mangilal Nirban Homeopathic Medical College And Research Institute, M.n. Hospital Campus, Near Karni Singh Stadium, Bikaner.

----Petitioner Versus

1. The Union Of India, Through The Secretary, Ministry Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush), B-Block, Gpo Complex, Ina, New Delhi-110023.

2. The State Of Rajasthan, Through The Principal Secretary, Department Of Ayurveda And Indian Medicine, Government Of Rajasthan, Secretariat, Jaipur.

3. The Ug/pg Ayush Counseling Board, Rajasthan 112-113, 1St Floor, Administrative Building, Dr. Sarvapalli Radha Krishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur Through Its Chairman.

4. The National Commission For Homeopathy, Jawaharlal Nehru Bhartiya Chikitsa Evam Anusandhan Bhawan, 61- 65, Institutional Area, Opp. D Block, Janakpuri, New Delhi Through Its Registrar.

5. Dr. Sarvapalli Radha Krishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur Through Its Registrar.

----Respondents

For Petitioner(s) : Mr. Akhilesh Rajpurohit. For Respondent(s) : Mr. Sandeep Bhandawat.

             HON'BLE MR. JUSTICE SANDEEP MEHTA
              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

04/04/2022



                                                                            (2 of 2)               [CW-4856/2022]

By way of this writ petition, the petitioner Federation seeks

to assail the validity of the Notifications dated 14.12.2018 and

19.06.2019 and crave a consequential direction permitting the

member colleges of the petitioner to take admission of non-NEET

qualified students in the BHMS Course, in case NEET qualified

students are not available.

Shri Akhilesh Rajpurohit, learned counsel representing the

petitioner, placed reliance on the Delhi High Court's Judgment in

the case of Priyanshu Undaviya & Ors. vs. Union of India & Ors.-

WP(C) 451 of 2022, on 25.02.2022 whereby, the above referred

notifications were quashed and struck down and directions have

been given to allow the colleges to admit the students in the

Homeopathy stream in case seats are still available after NEET

qualified students have been adjusted.

The matter requires consideration.

Issue notice of the writ petition as well as stay application to

the respondents. Shri Sandeep Bhandawat appears on behalf of

respondents Nos.3 and 5. Thus, notices be issued to respondents

Nos.1, 2 and 4 only.

In the meantime, the member colleges of the petitioner shall

be allowed to take admission of those students who are not NEET

qualified in BHMS course (Homeopathy Stream) subject to the

condition that the NEET qualified students are not available for

admission in the said course.

                                   (FARJAND ALI),J                                       (SANDEEP MEHTA),J


                                    88-Tikam/-









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