WPMS/697/2021
2021 Latest Caselaw 1060 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
       ON THE 22ND DAY OF MARCH, 2021
                             BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (M/S) No. 697 of 2021
BETWEEN:

Shivalik    Institute    of    Ayurveda     and     Research,
Dehradun                                  ...Petitioner
     (By Mr. Navneet Kaushik, Advocate)

AND:
State of Uttarakhand & others             ...Respondents

   (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
   State, Mr. Sanjay Bhatt, learned counsel for respondent
   nos. 2 & 3 and Mr. V.K. Kaparuwan, learned Central
   Government Standing Counsel for the Union of India)

                        JUDGMENT

This writ petition has been filed by Shivalik Institute of Ayurveda and Research, Dehradun seeking following relief:-

(i) to issue a writ, order or direction in the nature of mandamus directing the respondents and permitting the petitioner to fill their unfilled seats of B.A.M.S. course in the ongoing counseling/counseling by the management for the academic year 2020-21 after all NEET qualified students have made their choices, from any other candidates who have appeared for NEET examination or who has the minimum qualification to undergo the Ayush Courses (B.A.M.S., B.U.M.S., B.H.M.S.) as provided and such candidates be permitted to take part in the ongoing counseling.

2. According to the petitioner, Ministry of AYUSH, Government of India has imposed a condition that only NEET qualified candidates, who have scored 40 percentile marks in NEET examination (30 percentile for students belonging to SC/ST/OBC and 35 percentile for physically challenged), alone would be eligible for admission in BAMS course.

3. Learned counsel for the petitioner submits that less than fifty percent seats, available in petitioner's college could be filled by admitting candidates who meet the aforesaid condition imposed by Ministry of AYUSH, Government of India and if the said condition is not relaxed, the remaining seats in petitioner's college would remain unfilled.

4. Since the condition regarding minimum percentile has been imposed by the Ministry of AYUSH and the said body alone can consider relaxing the condition. In such view of the matter, the writ petition is disposed of with liberty to the petitioner to make representation to Secretary, Ministry of AYUSH, Government of India, within 48 hours. If such representation is made within stipulated time, Secretary, Ministry of AYUSH shall examine the matter and pass appropriate order, in accordance with law, on or before 28.03.2021, keeping in mind the fact that counselling will come to a close on 31.03.2021.

5. Let certified copy of this order be supplied to the petitioner today itself.

(MANOJ KUMAR TIWARI, J.) Aswal