Delhi High Court - Orders
Prakash Institute Of Ayurvedic Medical ... vs Union Of India And Ors on 29 January, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1148/2021
PRAKASH INSTITUTE OF AYURVEDIC MEDICAL
SCIENCES AND RESEARCH AND ORS ..... Petitioner
Through: Mr.Sandeep Sethi, Sr. Advocate
with Mr.Avneesh Arputham,
Ms.Anuradha Arputham &
Ms.Shravani Shekhar, Advocates
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Ms.Monika Arora, CGSC for R-1.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 29.01.2021 CM APPL. 3243/2021 (exemption) Exemption allowed, subject to all just exceptions. The application is disposed of.
W.P.(C) 1148/2021 & CM APPL. 3242/2021 (interim relief)
1. Issue notice. Ms. Monika Arora, Central Government Standing Counsel, accepts notice on behalf of respondent no. 1/Union of India. Notice to other respondents be served by all permissible modes, dasti in addition.
2. Counter affidavits be filed within three weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
3. Mr. Sandeep Sethi, learned Senior Counsel for the petitioners, W.P.(C) 1148/2021 Page 1 of 4 states that the present petition has been filed by fourteen institutes which conduct courses in Ayurveda. Their applications for recognition for the academic year 2020-2021 are pending with the respondent-authorities. In the case of petitioner no.1, a copy of a deficiency notice dated 06.01.2021 has been placed on record. Pursuant to the said notice, petitioner no. 1 was granted hearing by respondent no. 1 on 11.01.2021, but no decision has been passed thereafter. Mr. Sethi categorically states that similar notices were issued in case of each of the petitioners, and hearings have been held during the first and second weeks of January, 2021 in each of those cases.
4. The present petition is occasioned by the fact that counselling for admissions in institutions for UG courses in Ayurveda in the State of Uttar Pradesh has commenced by virtue of a notification which is annexed as Annexure P-1 to the writ petition. The notification provides for a second round of counselling, in accordance with the following schedule:
Second Counselling
1. Online Registration and time 25.01.2021 to 31.01.2021 for exercising options
2. Merit list and date for 02.02.2021 downloading letter for counselling.
3.Online Verification of 05.02.2021 to 09.02.2021
documents of the allotted
candidates
4. Last date for institutions to 12.02.2021
send list of admitted student.
W.P.(C) 1148/2021 Page 2 of 4
5. Mr. Sethi submits that in view of the fact that the counselling in the State of Uttar Pradesh is proceeding, the petitioners be permitted to participate, subject to the result of their applications for approval. He has also referred me to an interim order dated 14.01.2021 in W.P.(C) 514/2021 [Pt. Shivshaktilal Sharma Ayurved Medical College And Hospital vs. Union of India & Ors.], in which a similar order was passed in respect of an institution in the State of Madhya Pradesh.
6. Ms. Arora, appearing on advance notice, submits that in the case of the petitioners, the Union of India will pass final orders in these cases within one week. She further states that she has been instructed that the last date for admission in the Ayurveda colleges is 28.02.2021, and that the petitioner would thereafter be permitted to participate in the counselling as and when announced.
7. Be that at it may, in view of the fact that the State of Uttar Pradesh has already announced its counselling schedule, which is ongoing, I am of the view that the interest of justice would be protected by granting the petitioners some interim relief. As the final allotment of institutions to the colleges in question and admission of candidates pursuant to the second round of counselling is to take place only after 05.02.2021, respondent no. 1 is directed to take a final decision in the matter by 04.02.2021 and communicate the same forthwith to the petitioners/colleges.
8. In the meanwhile, the petitioners/colleges will be permitted to participate in the second round of counselling, subject to informing the prospective candidates clearly that their respective applications for approval remain pending. The prospective candidates will be at liberty to W.P.(C) 1148/2021 Page 3 of 4 opt for the petitioner-colleges, subject to the result of the petitioners' application for approval. It will be made clear by the petitioners to all prospective candidates that in the event the petitioners' application for approval do not succeed, the prospective candidates will not be admitted to the said institutions.
9. List on 07.04.2021.
PRATEEK JALAN, J JANUARY 29, 2021 'hkaur' W.P.(C) 1148/2021 Page 4 of 4