Delhi High Court - Orders
Shivang Homeopathic Medical College vs Union Of India Ministry Of Ayush & Ors on 1 February, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1265/2021
SHIVANG HOMEOPATHIC
MEDICAL COLLEGE ..... Petitioner
Through: Mr. Nidhesh Gupta, Senior
Advocate with Mr. Animesh
Kumar, Mr. Nishant Kumar,
Mr.Akash Chatterjee, &
Ms.Utkarsha Sharma, Advocates.
versus
UNION OF INDIA MINISTRY
OF AYUSH & ORS. ..... Respondents
Through: Mr. Harish Kumar Garg, Senior
Panel Counsel for R-1.
Mr. Raj Kumar Yadav, Senior
Panel Counsel for UOI.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.02.2021 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 3528/2021(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 1265/2021 & CM APPL. 3527/2021(ex-parte ad-interim relief)
1. Issue notice. Mr. Harish Kumar Garg, learned Senior Panel Counsel accepts notice for respondent no.1. Issue notice to other W.P.(C) 1265/2021 Page 1 of 3 respondents. Counter affidavit be filed within three weeks. Rejoinder thereto, if any, be filed within one week thereafter.
2. Mr. Nidhesh Gupta, learned Senior Counsel for the petitioner presses for ad interim relief of permission to participate in the ongoing counselling in the State of Madhya Pradesh.
3. The challenge in the present petition is to an order dated 25.01.2021 by which the petitioner's application for approval to run its under-graduate course in Homeopathy has been refused by the respondents. Mr. Gupta submits on merits that the various deficiencies pointed out by the respondents are in excess of the applicable Regulations. He further submits that the respondents can grant conditional permission by which the petitioner's institution may be permitted to run its course in the upcoming academic year subject to making good the deficiencies pointed out. He submits that, by an order dated 14.01.2021 in W.P. (C) No. 534/2021, this Court had granted such relief during the pendency of the petitioner's application for recognition.
4. In my view, ad interim relief of this nature is not appropriate in the facts and circumstances of the case. The validity of the grounds given by the respondents in the impugned order cannot be decided without calling for their affidavits. Keeping in mind the interests of prospective students also, the balance of convenience is not in favour of such an order. If the petitioner is permitted to participate in counselling and offer admission to prospective candidates, it would be difficult to accommodate those students in the event the writ petition ultimately fails.
5. Mr. Gupta's reliance upon the order dated 14.01.2021 is also misplaced. At that stage, the petitioner's application for recognition was W.P.(C) 1265/2021 Page 2 of 3 pending, and directions were also given for a time bound decision on the said application, so that students would not be finally admitted prior to the petitioner's status becoming clear. In contrast, there is now an order denying recognition to the petitioner, and the counselling is also at an advanced stage.
6. For the reasons aforesaid, ad interim orders are declined.
7. List on 17.03.2021.
PRATEEK JALAN, J FEBRUARY 1, 2021 'pv' W.P.(C) 1265/2021 Page 3 of 3