Karnataka High Court
Dr. B S Shuchitha vs The Union Of India on 4 December, 2020
Bench: Alok Aradhe, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2020
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE R. DEVDAS
R.P. NO.325/2019
IN
W.P No.27993/2018 (EDN)
C/W
R.P. NO.302/2019
IN W.P. No.29798/2018 (EDN)
R.P. NO.325/2019 IN W.P No.27993/2018
BETWEEN:
DR. B.S. SHUCHITHA
D/O B.R. SHIVAKUMARA SWAMY
AGED ABOUT 24 YEARS
R/O. 'GURUKRUPA', 1ST MAIN
4TH CROSS, VIJAYANAGAR
TUMKUR-572102.
... PETITIONER
(BY SRI. ABHISHEK MALIPATIL, ADV.,)
AND:
1. THE UNION OF INDIA
MINISTRY OF AYURVEDA,
2
YOGA AND NATUROPATHY
UNION SIDDHA AND HOMOEOPATHY (AYUSH)
'AYUSH BHAWAN', 'B' BLOCK
G.P.O. COMPLEX, INA, NEW DELHI-110023
REP. BY ITS SECRETARY/SPECIAL SECRETARY.
2. THE CENTRAL COUNCIL OF INDIAN MEDICINE
61-65, INDUSTRIAL AREA
JANAKAPURI, NEW DELHI-110058
REPRESENTED BY ITS SECRETARY.
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENETD BY ITS REGISTRAR.
4. THE STATE OF KARNATAKA
DIRECTORATE OF AYUSH
DHANAVANTRI ROAD
BENGALURU-560009
REPRESENTED BY ITS DIRECTOR.
5. J.S.S. AYURVEDA MEDICAL COLLEGE
LALITHADRIPURA ROAD
MYSORE-570028
REP. BY ITS PRINCIPAL.
... RESPONDENTS
(BY SRI. BIRDY AIYAPPA, CGC FOR R1
SMT. MANASI KUMAR, ADV., FOR R2
SRI. N.K. RAMESH, ADV., FOR R3
SRI. N. BALAJI, AGA FOR R4
R5 SERVED)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER 47 RULE 1 OF THE CPC., PRAYING TO ALLOW
THIS PETITION AND REVIEW THE ORDER DATED 25.06.2019
PASSED IN WP NO.27993/2018 AND CONSIDER THE WRIT
PETITION ON ITS MERITS; IN THE INTEREST OF JUSTICE
AND EQUITY.
3
R.P. NO.302/2019 IN W.P. No.29798/2018
BETWEEN:
1. DR. SONTAKKE KANCHAN RAMRAO
D/O RAMRAO SONTAKKE
AGED 26 YEARS
R/AT. C/O DR. SAJJAL BALTE
H.NO.4-5-39, KHANDRE GALLI
GUNJ AREA, BHALKI DISTRICT
BIDAR - 585 328.
2. DR. WAJAHAT KHANAM
D/O AKBAR KHAN
AGED ABOUT 25 YEARS
R/AT. C/O SYED MAZHAR HASHNI
H.NO.8-9-149
BEHIND DISTRICT JAIL
BIDAR - 585401.
3. DR. CH. ANIL KUMAR
S/O MANAIAH
AGED ABOUT 40 YEARS
R/AT. H.NO.23-89, SHIVAJI ROAD
JOGIPET DISTRICT
SANGAREDDY-502270
TELANGANA STATE.
... PETITIONERS
(BY SRI. MAHAMAD TAHIR A, ADV.,)
AND:
1. THE UNION OF INDIA
MINISTRY OF AYURVEDA,
YOGA AND NATUROPATHY
UNION SIDDHA AND HOMOEOPATHY (AYUSH)
'AYUSH BHAWAN', 'B' BLOCK
G.P.O. COMPLEX, INA, NEW DELHI-110023
REP. BY ITS SECRETARY/SPECIAL SECRETARY.
4
2. THE CENTRAL COUNCIL OF INDIAN MEDICINE
61-65, INDUSTRIAL AREA
JANAKAPURI, NEW DELHI-110058
REPRESENTED BY ITS SECRETARY.
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENETD BY ITS REGISTRAR.
4. THE STATE OF KARNATAKA
DIRECTORATE OF AYUSH
DHANAVANTRI ROAD
BENGALURU-560009
REPRESENTED BY ITS DIRECTOR.
5. N.K. JABSHETTY AYURVEDIC MEDICAL COLLEGE
& P.G. CENTRE
SRI. SIDHAROODH MATH, GUMPA
BIDAR-585403
REP. BY ITS PRINCIPAL.
...RESPONDENTS
(BY SRI. BIRDY AIYAPPA, CGC FOR R1
SMT. MANASI KUMAR, ADV., FOR R2
SRI. N.K. RAMESH, ADV., FOR R3
SRI. N. BALAJI, AGA FOR R4
R5 SERVED)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
R/W ORDER 47 RULE 1 OF CPC., PRAYING TO ALLOW THE
REVIEW PETITION AND REVIEW THE ORDER DATED
25.06.2019 IN WRIT PETITION No.29798-800/2018 PASSED
BY THIS HON'BLE COURT AND PASS SUCH ORDER AS MAY
BE DEEMED JUST AND APPROPRIATE UNDER THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE REVIEW PETITIONS COMING ON FOR HEARING
THIS DAY, ALOK ARADHE J, MADE THE FOLLOWING:
5
ORDER
Mr.Abhishek Malipatil, learned counsel for the petitioner in R.P No.325/2019.
Mr.Mohamad Tahir.A, learned counsel for the petitioner in R.P No.302/2019.
Smt.Manasi Kumar, learned counsel for respondent No.2 in both the petitions.
2. In this review petition, the petitioners are seeking review of the order dated 25.06.2019 passed by Division Bench of this Court in WP Nos.29798-800/2018 and other connected matters.
3. Facts leading to filing of the revision petition briefly stated are that the petitioners are students of Post Graduate, Ayurveda Post who had taken admission in the academic year 2017-2018. The Division Bench of this Court by order dated 25.06.2019 by placing reliance of decision of the Supreme Court in PRIYA GUPTA V/s 6 STATE OF CHHATTISGARH (2017) 7 SCC 433 had dismissed the writ petition.
4. When the matter was taken up today, the learned counsel for petitioner has invited our attention to the order dated 24.06.2020 passed by Division Bench of this Court in W.P.No.105310/2018 and has submitted that Division Bench at Dharwad, in respect of the students who had taken admission in Post Graduate, Ayurveda course for the academic year 2017-2018, by placing reliance on the decision of the Supreme Court in UNION OF INDIA V/s FEDERATION OF SELF FINANCED AYURVEDIC COLLEGES PUNJAB AND OTHERS in Civil Appeal No.603/2020 (arising out of SLP (C) No.26267 of 2019), decided on 20.02.2020 has permitted the petitioner in the aforesaid writ petition to continue their studies. Therefore, the petitioners are entitled to parity in the light of aforesaid judgment. On the other hand, learned counsel for respondent No.2 submits that the petitioners have prosecuted their 7 studies in Post Graduate course in the absence of order passed by this Court.
5. We have considered the submission made by both the sides and have perused the records.
6. From the perusal of the order dated 18.06.2020 passed by Dharwad Bench of this Court in W.P.No.106948-940/2018 it is evident that the students in the aforesaid case are similarly situated to the petitioners in the instant case, have been permitted to prosecute their studies. Apparently, the order passed by Dharwad Bench as well as the Principal seat at Bengaluru are in conflict with each other. In order to maintain the consistency in the decision and in the facts of the case, we deem it proper to recall the order dated 25.06.2019 passed in W.P No.27933/2018. In the result, writ petition is restored to filed. 8
Needless to state that the contentions of all the parties are kept open. It is further clarified that we have not expressed any opinion on merits of the case.
Accordingly, Petitions are disposed of. In the result, orders in WP No.29798-800/2018 are hereby recalled.
Sd/-
JUDGE Sd/-
JUDGE UN