Rajasthan High Court - Jodhpur
Druvi Amin Bipin Kumar vs The Union Of India on 15 February, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:7048]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 320/2024
1. Druvi Amin Bipin Kumar D/o Amin, Aged About 19 Years,
Vankar Faliyu, Sutariya, Kheda Balasinor, Gujrat - 388265
2. Shani Kumar Sharavan Kumar Gupta S/o Sharvan Kumar
Gupta, Aged About 20 Years, Room No. 4 , Dayabhai Patel
Chawl, Mg Road , Mumbai 400086
----Petitioners
Versus
1. The Union Of India, Ministry Of Ayurveda, Yoga And
Naturopathy, Homeopathic, Siddha And Homeopathy
(Ayush), Through Its Secretary B Block Gpo, Complex
Ina, New Delhi.
2. The Central Commission Of Homeopathy, Through Its
Secretary, 61-65, Institutional Area, Opp. D-Block,
Janakpuri, New Delhi.
3. Ayush Admission Central Counselling Committee (Aaccc),
Ministry Of Ayurveda, Yoga And Naturopathy,
Homeopathic, Siddha And Homeopathy (Ayush), Through
Its Secretary B Block Gpo, Complex Ina, New Delhi.
4. Rajasthan Vidyapeeth Homeopathic Medical College Jrn
Rajasthan Vidyapeeth (Deemed To Be University), Dabok,
Udaipur, Rajasthan Through Its Principal.
----Respondents
Connected With
S.B. Civil Writ Petition No. 19574/2023
1. Rajasthan Vidyapeeth Homeopathic Medical College, Jrn
Rajasthan Vidyapeeth (Deemed To Be University), Dabok,
Udaipur, Rajasthan Through Its Principal, Dr. Rajan Singh
Sood S/o Shri Avinash Singh Sood, 3, B Block, Ambedkar
Colony, Udaipur
2. Doli Jain D/o Pavan Jain, Aged About 21 Years, Udaipur,
Raj. 313027.
3. Kritika Soni D/o Paras Mal Soni, Aged About 19 Years, R/0
Udaipur Road , Mavli, Udaipur Raj. 313203
4. Preet Meghwal S/o Kailas Chandra, R/o Kuntwas, Udaipur,
Raj. 313603
5. Shrwan Kumar Meghwal S/o Prakash Kumar Meghwal,
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[2024:RJ-JD:7048] (2 of 14) [CW-320/2024]
Aged About 20 Years, R/0 Kharka Tehsil Salumber Dis.
Udaipur Raj . 313027
6. Ketan Suthar S/o Ganesh Suthar, Aged About 18 Years,
R/o Vader Gali, Devli Auwa, Pali Raj. 306021
7. Tosif Raza S/o Farid Mohammed, Aged About 19 Years, R/
o Peethapura Road, Mandar, Sirohi, Raj. 307513
8. Mukesh Dhakar S/o Gopal Lal Dhakar, Aged About 17
Years, R/o Dchamaro Ka Mohalla, Paroli, Bhilwada, Raj
3112002
9. Kishore Kumar S/o Raja Ram, Aged About 20 Years, R/o
Somta, Jalor, Somta, Raj. 307803
10. Sachin Kumar S/o Makana Ram, Aged About 18 Years, R/
o 369, Dhanol Sadak, Near V River, Dhamseen,
Jalor,rajasthan, 34304
11. Kumawat Kiranben Ramgopal Bhati D/o Kumawat
Ramgopal Dhuliram, Aged About 19 Years, R/o Sadak
Faliya, Ugat Navasari Gujrat- 396469
12. Shah Kavya D/o Amish Shah Amish, Aged About 18
Years, R/o B/303, Madhuvan Campus, Near Shriram
Petrol Pump Anand Mahal Road, Surat Guj.
13. Joshi Manya Ashish Kumar D/o Ashishkumar, Aged About
18 Years, R/o B-32 Tiripati Bunglows- 1 Behind Dharti
Resort, Abu Highway Palanpur, Banaskantha, Guj.
385001.
14. Bharat Kumar S/o Manohar Lal, Aged About 19 Years, R/o
Somata, Jalore, Raj 343030
15. Shah Aanshi D/o Shah Saurabhkumar, Aged About 17
Years, R/o Vijaynagar Mandir, Sabarkantha, Guj. 383460
16. Patel Krish Balavantbhai S/o Patel Balavantbhai, Aged
About 18 Years, R/o Naherukampa, Vaniyad Aravali,
Gujrat- 383315
17. Amit Yadav S/o Shree Ram Yadav, Aged About 23 Years,
R/o Hazipur, Post- Hazipur, Ronapar, Azamgard Uttar
Pradesh 276122
18. Gubale Sahil Shamrao S/o Shamrao, Aged About 19
Years, R/o Tadavale, House No. -424, Tal- Aatpadi, Sangil,
Maharastra, 415301
19. Mittal Mahendrasingh Bhati S/o Mahendrasingh
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[2024:RJ-JD:7048] (3 of 14) [CW-320/2024]
Bhavarsingh Bhati, Aged About 19 Years, R/o Shop No.
45, Tarapur Road, Harmony Plaza Dandi, Thane, Boiser,
Maharastra - 40150
20. Dimpal Jain D/o Pavan Kumar Jain, Aged About 21 Years,
R/o Isarwas, Udaipur Raj. 313027
----Petitioners
Versus
1. The Union Of India, Ministry Of Ayurveda, Yoga And
Naturopathy, Homeopathic, Siddha And Homeopathy
(Ayush), Through Its Secretary B Block Gpo, Complex
Ina, New Delhi
2. The Central Commission Of Homeopathy, Through Its
Secretary, 61-65, Institutional Area, Opp. D-Block,
Janakpuri, New Delhi.
3. Ayush Admission Central Counselling Committee (Aaccc),
Ministry Of Ayurveda, Yoga And Naturopathy,
Homeopathic, Siddha And Homeopathy (Ayush0, Through
Its Secretary B Block Gpo, Complex Ina, New Delhi.
----Respondents
For Petitioner(s) : Mr. R.N. Mathur, Sr. Adv. assisted by
Mr. Deepak Kumar
Mr. Surendra Singh Choudhary
For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. S.G. with
Ms. Dimple Rajpurohit
Mr. Uttam Singh Rajpurohit
HON'BLE DR. JUSTICE NUPUR BHATI
Judgment
Reserved on- 08/02/2024
Pronounced on - 15/02/2024
1. Though the matters were listed in 'Fresh' category, at the
joint request of both the parties, the same were heard finally
today itself.
2. Writ Petition No.320/2024 has been filed under Article 226 and
227 of the Constitution of India with the following prayers:-
[2024:RJ-JD:7048] (4 of 14) [CW-320/2024]
"It is, therefore, most humbly and respectfully
prayed that record of the case may kindly be
called for and:- A. By an appropriate writ, order
or direction, declare that the notice dated 13
November 2023 Issued by Respondent No. 3 is
unclear, ambiguous and hence arbitrary so far it
does not notify the dates for the registration of
candidates who plan to apply for the Deemed
Universities, with all consequential directions
B. By an appropriate writ, order or direction,
Petitioners be permitted to take admission in
Bachelor of Homeopathy Medicine and Science
Degree ("BHMS") Course, who have qualified
NEET, against seats vacant seats, in the said
course, for the academic session 2023-24, at the
Respondent No.4 College along with all
consequential directions
C. Any other appropriate relief(s) which this
Hon'ble Court deems just and proper in the facts
and circumstances of the case may kindly be
passed in favour of the petitioner.
D. The writ petition filed by the petitioner may
kindly be allowed with costs;"
3. Writ Petition No.19574/2023 has been filed under Article 226
and 227 of the Constitution of India with the following prayers:-
"It is, therefore, most humbly and respectfully
prayed that record of the case may kindly be
called for and:- A. By an appropriate writ, order
or direction, declare that the notification dated
is unclear, ambiguous and hence arbitrary so far
it does not notify the dates for the registration of
candidates who plan to apply for the Deemed
Universities, with all consequential directions
B. By an appropriate writ, order or direction,
Petitioner no.1 be permitted to grant admission
to Petitioner No. 2 to 20 in Bachelor of
Homeopathy Medicine and Science Degree
("BHMS") Course, who have qualified NEET,
against seats vacant seats, in the said course,
for the academic session 2023- 24, along with
all consequential directions
C. Any other appropriate relief(s) which this
Hon'ble Court deems just and proper in the facts
and circumstances of the case may kindly be
passed in favour of the petitioner.
D. The writ petition filed by the petitioner may
kindly be allowed with costs:"
4. Both these writ petitions are being decided by this common
order, however, facts of WP No.19574/2023 are illustratively taken
for consideration.
[2024:RJ-JD:7048] (5 of 14) [CW-320/2024]
5. Brief facts of the case are that the petitioner no. 1, Rajasthan
Vidyapeeth Homeopathic Medical College (hereinafter referred to
as 'RVHMC') JRN Vidyapeeth, Dabok, Udaipur, Rajasthan is a
Deemed University, wherein 100% of the seats of the Petitioner
are treated as All India Quota Seats. Petitioner no. 2 to 20 are the
students who have qualified National Eligibility Entrance Test
(NEET-UG) and seek admission in the petitioner college.
Respondent no. 3, Ayush Admission Central Counselling
Committee (hereinafter referred to as 'AACCC'), notified the cutoff
date for admission to UG Homeopathy courses during the
academic year 2023-24, on 22.08.2023 (Annexure-4). Thereafter,
vide letter dated 09.11.2023 (Annexure-5), the National
Commission for Homeopathy informed about the reduction of
minimum percentile criteria for NEET-UG 2023 for admission in UG
and PG courses of Homeopathy for the Academic Year 2023-24
and subsequently the cut-off date for the admission in UG course
was notified as 30.11.2023 vide the same letter (Annexure-5).
6. Meanwhile, vide letter dated 13.11.2023 (Annexure-6),
respondent no. 3, informed about a Special Stray Vacancy Round
in view of the revised minimum percentile criteria for NEET (UG)-
2023 by 5 percentile across all categories for admission for the
academic year 2023-24. Thereafter, vide the letter dated
15.11.2023 (Annexure-7), AACCC-Counselling Cell informed the
Registrar, Deemed Universities, who had participated in AACCC-UG
Counselling, about the Special Stray Vacancy Round as an
additional round for admission to Ayurveda, Sidhha, Unani &
Homeopathy (hereinafter referred to as 'AYU&H')- UG seats under
[2024:RJ-JD:7048] (6 of 14) [CW-320/2024]
the government/government-aided/Central Universitiy ('CU')
/National Institutes ('NI'), with respect to the revised minimum
percentile criteria of NEET (UG) and the counselling Schedule had
been enclosed with the letter. Moreover, it was informed that the
Institute-level counselling shall be restarted from 22.11.2023 to
27.11.2023 with the data which is updated at the AACCC portal
containing list of eligible candidates.
6. Thereafter, vide letter dated 16.11.2023 (Annexure-8),
respondent no. 3 released the Schedule for registration unlocking
on the AACCC-UG portal and as per this letter, Ministry of Ayush
forwarded the seat metrics of the Deemed Universities and the
updated list of registered eligible candidates after the Stray
Vacancy Round to the respective Deemed Universities. The
petitioner-students tried registering for the Deemed Universities
between 22.11.2023 and 27.11.2023 but were not able to access
the AACCC portal and thus, were unable to register for the Stray
Vacancy Rounds. Thus, the petitioners have preferred this writ
petition.
7. Learned senior counsel for the petitioner submits that vide
Communication dated 13.11.2023 (Annexure-6) respondents had
issued the Schedule for special Stray Vacancy Round for
government/aided government/CU/NI. He further submits that as
per the Schedule the government/added government/CU/NI were
required to get themselves registered and make the payment of
fee from 16.11.2023 to 19.11.2023, however, as mentioned in the
said Communication, the updated Schedule for conduction of Stray
Vacancy Round by the Deemed Universities was from 22.11.2023
[2024:RJ-JD:7048] (7 of 14) [CW-320/2024]
to 27.11.2023. He further submits in the said Communication in
the Note also, the said revised Schedule for the Deemed university
was reiterated and it was mentioned that the Schedule for the
Deemed University from 23.11.2023 to 27.11.2023. He further
submits when the petitioner students opened the portal of the
respondent for the purpose of registration payment on 22.11.2023
the same did not open and thus the petitioner students could not
register and pay the fee and also could not fill the choice of their
college.
8. Learned senior counsel for the petitioner also submitted that as
per the Communication dated 13.11.2023 (Annexure-6), the
special Stray Vacancy Round included Registration and Payment,
Choice Filling/Logging, Process of Seat allotment, Publication of
the Result and Reporting to the allotted Institute. He further
submitted that in the said Communication, as per the language
mentioned for the Deemed Universities, the updated Schedule for
conduction of Stray Vacancy Round has been mentioned which is
again inclusive of Registration and Payment, Choice
Filling/Logging, Process of Seat allotment, Publication of the Result
and Reporting to the allotted Institute and therefore, it cannot be
said that the updated Schedule for conduction of Stray Vacancy
Round by the Deemed Universities started with effect from
16.11.2023 and ended on 19.11.2023. Learned senior counsel
also submitted that the respondents issued a notice dated
21.11.2023 (Annexure-8) inviting attention of all the candidates
who wished to participate in Stray Vacancy Round conducted by
the Deemed Universities as an Institute level in which it was
[2024:RJ-JD:7048] (8 of 14) [CW-320/2024]
reiterated that the revised Stray Vacancy Round conducted by the
Deemed Universities is from 22.11.2023 to 27.11.2023 and thus,
there was no reason to arrive at a conclusion for the petitioner
college as well as the petitioner students, that they were required
to get themselves registered as well as pay the fee and opt the
choice of the respective college from 16.11.2023 to 19.11.2023.
He also submitted that the petitioner college could fill only 32 out
of 60 seats for the NEET qualified candidates alloted by AACCC
through counselling and remaining seats would lie vacant, thus
causing serious loss to the petitioner college, and that, the
candidates of the petitioner college are NEET qualified and shall
also suffer irreparable loss of one year if they are not given
admission in the Deemed Universities and shall have to attempt
the NEET examination again for the purpose of taking admission in
the ASU&H-UG course.
9. Per contra, learned counsel for the respondents submitted that
the petitioner college as well as the students have wrongly
interpreted the Communication dated 13.11.2023 as the updated
Schedule for conduction of Stray Vacancy Round by the Deemed
University was from 22.11.2023 to 27.11.2023 and the said dates
included only Counseling and Reporting to the alloted Institute and
the petitioner students were required to get themselves registered
and pay the requisite fee as well as lock and fill the choice of the
college from 16.11.2023 to 19.11.2023. He also submitted that
there are about 18 Deemed Universities in all and rest 17
Universities have registered and paid the due fees as well as the
choice of the college was also filled from 16.11.2023 to
[2024:RJ-JD:7048] (9 of 14) [CW-320/2024]
19.11.2023 and the candidates have also been granted admission
in the 17 Deemed Universities. Learned counsel for the
respondents further submitted the last date of admission in
ASU&H-UG course for the academic year 2023-24 was on
30.11.2023 and the writ petitions have been filed on 18.12.2023
and 5.01.2024 and therefore, no relaxation in the cut-off date of
admission can be given to the petitioners. He also submitted that
the candidates who had opted of Deemed Universities after
registration can directly approach the respective Deemed
Universities as per their preference and can complete the
formalities on AACCC-UG Portal for Stray Vacancy Round
conducted by the Deemed Universities at the Institute level during
the period from 22.11.2023 to 27.11.2023. He also submitted that
the submission of the learned senior counsel is incorrect that
Schedule of government/government-aided/CU/NI was from
16.11.2023 ton 19.11.2023 and for the Deemed Universities it
was from 22.11.2023 to 27.11.2023 as AACCC, M/o Ayush had
not conducted Stray Vacancy Round for Deemed Universities for
the academic year 2023-24. He further submitted that in the Note
dated 13.11.2023 the Schedule for the Deemed Universities was
from 22.11.2023 to 27.11.2023 for the earliest Stray Vacancy
Round of Deemed Universities on account of deduction of
percentile. He further submitted that in the Note dated
13.11.2023 it was categorically mentioned that the eligible
candidates who had participated in the Institute level Stray
Vacancy Round conducted by the Deemed Universities can also
register on AACCC Portal. He submitted that thus the candidates
[2024:RJ-JD:7048] (10 of 14) [CW-320/2024]
who wanted to take admission in Deemed Universities were
therefore required to get themselves registered from 16.11.2023
to 19.11.2023 and the candidates in the writ petition who want to
take admission in the Deemed University, RVHMC, failed to do so.
He also submitted that as per the record available, only 5
candidates out of the RVHMC have registered themselves in the
AUS&H-UG course in accordance with the Schedule who did not
opt Deemed Universities as counseling under "type of counseling"
on AACCC Portal as per public note dated 16.11.2023.
10. Heard learned counsel for the parties.
11. Upon perusal of the Communication dated 15.11.2023
(Annexure-7) made to all the Deemed Universities it is seen that it
has been specifically mentioned in para 3 "in view of opening
registration for the special Stray Vacancy Round from 16.11.2023
on the AACCC-UG Portal, all Deemed Universities are requested to
hold the Institute level counseling (Stray Vacancy Round for
Deemed AIQ seats) from 16.11.2023''. As per the para no.3 the
candidates who wish to take admission in the Deemed Universities
were required to get themselves registered from 16.11.2023 to
19.11.2023 on the AACCC portal as it was specifically mentioned
that registration for the special Stray Vacancy Round shall open
from 16.11.2023 on the portal and the Deemed university were
thereafter required to hold the Institute level counseling which
was restarted from 22.11.2023 to 27.11.2023 with the data of
updated list of eligible "registered" candidates on the AACCC-UG
portal. The relevant paragraph 3 of e-mail dated 15.11.2023
(Annex.7) is reproduced hereinbelow:
[2024:RJ-JD:7048] (11 of 14) [CW-320/2024]
"3. In view of opening registration for the
Special Stray Vacancy Round from 16.11.2023
on the AACCCUG portal, all Deemed Universities
are requested to hold the Institute-level
counseling (Stray Vacancy Round for Deemed
AIQ seats) from 16.11.2023. Further, the
Institute-level counseling shall be restarted from
22.11.2023 to 27.11.2032 with the data of the
updated list of eligible candidates registered on
the AACCC-UG portal. Furthermore, it is
informed that cutoff date for admission to
ASU&H-UG courses is 30th November, 2023."
12. Upon perusal of the Communication dated 13.11.2023
(Annexure-6) particularly the Note at the bottom of the said
Communication, which specifically mentioned that the eligible
candidates who wished to participate in the Institute level Stray
Vacancy Round conducted by the Deemed university can also
register themselves at AACCC Portal and it is also mentioned that
the revised Schedule for Institute level Stray Vacancy Round is
from 22.11.2023 to 27.11.2023. Thus, in view of the Note
mentioned in bottom of the Communication dated 13.11.2023
(Annexure-6), it is apparent that the petitioner-candidates who
were having eligibility were required to register themselves as per
the Schedule i.e. 16.11.2023 to 19.11.2023. The Schedule from
22.11.2023 to 27.11.2023 was limited to the Institute level Stray
Vacancy Round for the Deemed Universities and not for
Registration and Payment of Fees and the Choice of Filling the
college/university. Thus, the submission of learned counsel for the
petitioner that as per the Schedule laid down vide Communication
dated 13.11.2023 (Annexure-6), the petitioner-candidates were
required to get themselves registered, pay the fee and fill the
choice of the Institute/University from 22.11.2023 to 27.11.2023
is having no force as these dates were for the purpose of
[2024:RJ-JD:7048] (12 of 14) [CW-320/2024]
Counseling and Reporting to Deemed Universities. The relevant
portion of Annex.6 (Note) is reproduced as under:
• "The eligible candidates who wish to
participate in the Institute-level Stray Vacancy
Round conducted by the Deemed Universities
can also register in the AACCC Portal.
• Already registered candidates who want to
participate in the Institute-level Stray Vacancy
Round conducted by the Deemed Universities
can avail of the registration unlocking facility on
the portal and select "Deemed Universities" as a
type of counseling.
• Revised Schedule for Institute-level Stray
Vacancy Round of Deemed university is from
22.11.2023 to 27.11.2023."
13. Further, upon perusal of Notice dated 21.11.2023 (Annex.12)
it is seen that directions were given to all the candidates who wish
to participate in Stray Vacancy Round conducted by Deemed
Universities at Institute-level that the registered eligible students
who wish to participate in Stray Vacancy Round conducted by
Deemed Universities were requested to contact the respective
Deemed university for admission to AIQ-UG seats under Ayurved,
Unani and Homeopathy stream. It was further mentioned in the
Notice that the revised Schedule for Stray Vacancy Round
conducted by Deemed Universities was from 10:00 AM of
22.11.2023 to 05:00 PM 27.11.2023. This Notice further reflects
that the candidates interested in taking admission in the Deemed
Universities were required to get themselves registered from
16.11.2023 to 19.11.2023 and the Deemed university was
required to conduct the Counseling and Reporting of the registered
candidates from 22.11.2023 to 27.11.2023. It is also important to
note that alongwith this Notice the list of registered eligible
candidates after Special Stray Vacancy Round conducted by
[2024:RJ-JD:7048] (13 of 14) [CW-320/2024]
Deemed Universities at Institute-level was also attached for the
reference of the concerned Deemed university. Thus, there is no
iota of doubt that the candidates were required to get themselves
registered from 16.11.2023 to 19.11.2023. The notice dated
21.11.2023 (Annex.12) reads as under:
"Ref. AA-11013/1/2023-EP-I Dated: 21.11.2023
NOTICE
Kind Attention: All candidates who wish to
participate in Stray Vacancy Round
conducted by Deemed Universities at
Institute level.
In continuation to previous notice dated
08.11.2023, it is state that AACCC, M/o Ayush
forwarded the seat matrix of the AU & H
Deemed Universities and the list of registered
eligible candidates after special Stray Vacancy
Round to respective Deemed Universities.
Further, registered eligible candidates who wish
to participate in Stray Vacancy Round conducted
by Deemed Universities are requested to contact
the respective Deemed University for admission
to AIQUG seats under Ayurveda, Unani and
Homeopathy stream. The revised Schedule for
Stray Vacancy Round conducted by Deemed
Universities is from 10:00 AM of 22.11.2032 to
05:00 Pm 27.11.2023.
The seat matrix of the AU & H Deemed
Universities and the list of registered eligible
candidates after special Stray Vacancy Round is
attached herewith for your ready reference."
This fact also cannot be ignored that the candidates who had
opted for the other 17 Deemed Universities got themselves
registered from 16.11.2023 to 19.11.2023 and thereafter the 17
Deemed Universities had conducted the Counseling and Reporting
as per Schedule given in the Communication dated 13.11.2023
(Annexure-6) and such candidates were accordingly given
admission in the respective Deemed Universities.
[2024:RJ-JD:7048] (14 of 14) [CW-320/2024]
14. The writ petitions are having no force and are accordingly
dismissed. Stay petition as well as all other pending applications,
if any, also stand dismissed.
(DR. NUPUR BHATI),J
423-surabhii/-
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