Uttarakhand High Court
WPMS/461/2021 on 26 February, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 26TH DAY OF FEBRUARY, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
WRIT PETITION (M/S) No. 461 of 2021
BETWEEN:
Doon Institute of Medical Sciences. ....Petitioner
(By Mr. Navneet Kaushik, Advocate)
AND:
State of Uttarakhand and others. ...Respondents
(By Mr. V.D. Bisen, Brief Holder for the State of
Uttarakhand, Mr. Sanjay Bhatt, Advocate for respondent
nos. 2 & 4, Mr. Virendra Kaparwan, Standing Counsel for
Union of India/respondent no. 3)
ORDER
This Writ Petition has been filed by Doon
Institute of Medical Sciences, which imparts instructions
in B.A.M.S. Course. The Regulatory Body i.e. Central
Council for Indian Medicine has granted recognition to
the petitioner college, with intake capacity of 60 seats.
2. It is the case of the petitioner that, during
Academic Session 2019-20, he had admitted 59
students, who were eligible in terms of the regulations
framed by Central Council for Indian Medicine,
inasmuch as, they were NEET qualified candidates. It
is further his contention that one student, namely,
Chandra Prakash Tripathi, who was not NEET qualified
candidate, was also given admission in B.A.M.S. Course
for the Academic Session 2019-20 and now the
Uttarakhand Ayurveda University is not permitting the
said student to appear in the first professional
examination, which is scheduled to be held from
08.03.2021. Thus, feeling aggrieved, petitioner has
approached this Court seeking following relief:
"(i) Issue a writ, order or direction in the
nature of Mandamus directing the
respondent no. 4 to enroll and permit 01
student of Petitioner pursuing B.A.M.S.
Course of Academic Session 2019-20 for
appearing in first professional examination
to be conducted by Uttarakhand Ayurvedic
University from 08.03.2021 for which
enrollment is to be completed by
25.02.2021 (earlier date sheet was issued
for examination of 1st Professional to start
from 27-01-2021), who has been admitted
by Petitioner prior to 15th October, 2019
after the choices by NEET Qualified and
NEET appeared students have come to an
end and still 01 seat remained vacant in the
Petitioner's Institute."
3. Learned counsel for the petitioner submits
that a Coordinate Bench of this Court in WPMS No.
3134 of 2019 had passed an interim order on
11.10.2019, whereby another Ayurveda College was
permitted to admit students for the academic year
2019-20. The relevant extract of the said order is
reproduced below:
"8. In view of these facts, this Court is
also inclined to grant a similar protection
to the petitioner. The petitioner shall be
permitted to admit the students in the
ongoing counselling for the academic
year 2019-20 with the following
conditions:-
(i). In case in the petitioner's college
seats have remained unfilled after the
NEET qualified students have made their
choices and if seats remain unfilled, due
to the non availability of NEET qualified
candidates, such candidates who have
the minimum qualification to undergo
the AYUSH courses (BAMS, BHMS and
BUMS), shall be permitted to take part
in the counselling.
(ii). It is further made clear that such
students who have been admitted in the
petitioner's college and who have not
qualified the NEET examination, their
admission shall be provisional in nature
and depend upon the final determination
in the writ petition.
(iii). It is further made clear that these
students shall only be admitted as per
their relative merit. In other words, the
more meritorious candidate shall be
given preference."
4. Learned counsel for the petitioner has also
relied upon judgment rendered by Hon'ble Supreme
Court in the case of Union of India Vs. Federation of
Self-Financed Ayurvedic Colleges Punjab & others in
Civil Appeal No. 603 of 2020. Paragraph no. 12 of the
said judgment is reproduced below:
"12. Prescribing a minimum percentile
for admission to the Under Graduate
courses for the year 2019-2020 was
vehemently defended by the Central
Council and the Union of India by
submitting that the minimum
standards cannot be lowered even for
AYUSH courses. We agree. Doctors
who are qualified in Ayurvedic, Unani
and Homeopathy streams also treat
patients and the lack of minimum
standards of education would result in
half-baked doctors being turned out of
professional colleges. Non-availability
of eligible candidates for admission to
AYUSH Under Graduate courses cannot
be a reason to lower the standards
prescribed by the Central Council for
admission. However, in view of
admission of a large number of
students to the AYUSH Under
Graduate courses for the year 2019-
2020 on the strength of interim orders
passed by the High Courts, we direct
that the students may be permitted to
continue provided that they were
admitted prior to the last date of
admission i.e. 15th October, 2019. The
said direction is also applicable to
students admitted to Post Graduate
courses before 31st October, 2019.
This is a one-time exercise which is
permitted in view of the peculiar
circumstances. Therefore, this order
shall not be treated as a precedent."
5. Learned counsel for the petitioner submits
that Uttarakhand Ayurveda University cannot decline
to hold examination in respect of the aforesaid
student, namely, Chandra Prakash Tripathi, as he is
covered by the judgment rendered by Hon'ble
Supreme Court in the aforesaid case, inasmuch as, he
was given admission before 15.10.2019.
6. Mr. Sanjay Bhatt, learned counsel
appearing for respondent nos. 2 & 4 and Mr. Virendra
Kaparwan, learned Standing Counsel for Union of
India/respondent no. 3 submit that since petitioner
institution had given admission to Chandra Prakash
Tripathi, without obtaining leave of this Court,
therefore, petitioner cannot claim benefit of interim
order dated 11.10.2019 passed by Coordinate Bench
of this Court in WPMS No. 3134 of 2019.
7. In order to protect the interest of the
student and also in view of the judgment rendered by
Hon'ble Supreme Court in the aforesaid case, this
Court is of the view that limited interference is
warranted in the matter. Therefore, respondents may
file counter affidavit(s) within a period of four weeks.
Two weeks' time, thereafter, is allowed for filing
rejoinder affidavit. List thereafter.
8. In the meantime, Uttarakhand Ayurveda
University is directed to provisionally permit the
aforesaid student to appear in the first professional
examination, which is scheduled to be held in the
month of March, 2021.
(MANOJ KUMAR TIWARI, J.)
Arpan
