WPMS/1200/2021
2021 Latest Caselaw 2142 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
         ON THE 30TH DAY OF JUNE, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1200 of 2021
BETWEEN:

Dev Bhoomi Institute of Medical
College of Ayurveda and Hospital        ...Petitioner

     (By Mr. Navneet Kaushik, Advocate)

AND:

State of Uttarakhand & others          ... Respondents

     (Mr. Vinod Nautiyal, learned Deputy Advocate General
     for the State of Uttarakhand, Mr. Sanjay Bhatt, learned
     counsel for respondent no. 3 and Mr. V.K. Kaparuwan,
     learned counsel for respondent no. 4)

                     JUDGMENT

1. This writ petition has been filed by Ayurvedic Medical College, namely, Dev Bhoomi Institute of Medical College of Ayurveda & Hospital, which was established in the year 2017.

2. According to the petitioner, Ministry of AYUSH, Government of India vide order dated 20.05.2021 had granted conditional permission to the petitioner for admission to 60 UG (BAMS) seats for the Academic Session 2020-21. Para 15 of the said order is reproduced below:-

"15. Further, the college has been provided 05 (Five) working days' time to admit the NEET- 2020 qualified candidates from issuance of this letter. The admission process shall be completed through respective state Govt. counseling authority and only NEET-2020 qualified

candidates, who are having eligibility for admission as per relevant CCIM regulations shall be considered for admission. This is a onetime measure and should not be treated as precedent."

3. Mr. Navneet Kaushik, learned counsel appearing for the petitioner submits that all 30 seats under All India Quota have been filled in petitioner college, however, due to non-availability of sufficient number of candidates for filling State Quota Seats, up till now only two State Quota Seats have been filled so far and the remaining 28 State Quota Seats are lying vacant.

4. By means of this writ petition, petitioner wants permission to fill the vacant State Quota Seats by taking candidates from All India Quota merit list.

5. Mr. V.K. Kaparuwan, learned counsel for respondent no. 4 submits that it is Ministry of AYUSH alone, which can grant permission as sought by the petitioner in the present writ petition. He assures the Court that if petitioner approaches Ministry of AYUSH, Government of India by making a representation, the same will be decided at the earliest.

6. Having regard to the aforesaid facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach the Competent Authority in Ministry of AYUSH, Government of India by making representation. If such a representation is made on or before 05.07.2021, the Competent Authority shall consider petitioner's request and pass appropriate order, in

accordance with law, within one week from the date of receipt of such representation.

7. Let certified copy of this order be supplied to the petitioner within 24 hours.

(MANOJ KUMAR TIWARI, J.) Aswal