Delhi High Court - Orders
Shree Satya Ayurvedic Medical College ... vs Union Of India And Others on 7 April, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~47, 48 and 60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4279/2021 & CM APPL. 13028/2021
SHREE SATYA AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL ..... Petitioner
Through: Mr. A. Mariarputham, Senior
Advocate with Mr. Avneesh
Arputham, Advocate.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Apoorv Kurup, Advocate for
R-1/UOI.
Ms. Archana Pathak Dave,
Advocate for CCIM.
48
+ W.P.(C) 4287/2021 & CM APPL. 13040/2021
WTM AYURVEDIC MEDICAL
COLLEGE AND HOSPITAL ..... Petitioner
Through: Mr. A. Mariarputham, Senior
Advocate with Mr. Avneesh
Arputham, Advocate.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Rishabh Sahu, Senior Govt.
counsel with Ms. Shireen Khan,
Advocate for R-1/UOI.
Ms. Archana Pathak Dave,
Advocate for CCIM.
60
+ W.P.(C) 4277/2021 & CM APPL. 13018/2021
SMT URMILA DEVI AYURVEDIC COLLEGE
OF MEDICAL SCIENCES AND HOSPITAL ..... Petitioner
Through: Mr. A. Mariarputham, Senior
Advocate with Mr. Avneesh
Arputham, Advocate.
versus
Signature Not Verified
Digitally Signed W.P.(C)4279/2021 and connected matters Page 1 of 4
By:SHITU NAGPAL
Signing Date:09.04.2021
21:56:14
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Jaswant Rai Aggarwal and Mr.
Suraj Kumar, Advocates for R-
1/UOI.
Ms. Archana Pathak Dave,
Advocate for CCIM.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 07.04.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual mode].
CM APPL. 13029/2021 in W.P.(C) 4279/2021 (for exemption) CM APPL. 13041/2021 in W.P.(C) 4287/2021 (for exemption) CM APPL. 13019/2021 in W.P.(C) 4277/2021 (for exemption) Exemptions allowed, subject to all just exceptions. These applications stand disposed of.
W.P.(C) 4279/2021 & CM APPL. 13028/2021, W.P.(C) 4287/2021 & CM APPL. 13040/2021, W.P.(C) 4277/2021 & CM APPL. 13018/2021
1. Issue notice. Mr. Apoorv Kurup, Mr. Rishabh Sahu and Mr. Jaswant Rai Aggarwal, learned counsel, accept notice on behalf of the Union of India, and Ms. Archana Pathak Dave, learned counsel, accepts notice on behalf of the Central Council of Indian Medicine ["CCIM"] in the above writ petitions. Notice to the remaining respondents be served by all permissible modes.
2. The petitioners assail orders passed by the Union of India by which their applications for permission to conduct the Ayurveda course have been declined.
3. Several similar petitions by other institutions are pending before Signature Not Verified Digitally Signed W.P.(C)4279/2021 and connected matters Page 2 of 4 By:SHITU NAGPAL Signing Date:09.04.2021 21:56:14 this Court, and are next listed on 15.04.2021.
4. By an order dated 26.03.2021 in W.P.(C) 4033/2021 [Vivek College of Ayurvedic Science and Hospital vs. Union of India &Ors.] and connected matters, this Court had inter alia recorded as follows: -
"9. In order to allay the apprehension of the petitioners that the petitions would be rendered infructuous in the absence of interim relief, however, learned ASG states, upon instructions, that in the event the petitioners are successful in the writ petitions, the Union will facilitate an additional round of counselling at that stage, to enable prospective students to take admissions in the institutions concerned.
10. The aforesaid submission of the learned ASG is taken on record. In view thereof, I am of the view that the interest of the petitioner-institutions is substantially protected. I, therefore, propose to give the respondents an opportunity to file affidavits, and to hear the petitions finally, binding the Union to the statement made above.
11. However, to protect the interests of all parties in the meanwhile, the following additional directions are required to be passed:
a. The proposal of the Union to facilitate an additional round of counselling in the event the petitioner succeeds in the writ petitions should be communicated by the Ministry of AYUSH, Government of India and the CCIM to the concerned departments of all State Governments and Union Territory administrations, as expeditiously as possible, and definitely within two days from today, in order to enable the State Governments and Union Territory administrations to decide the further course of counselling in their respective jurisdictions.
xxxx xxxx xxxx
c. In several of the petitioner-institutions, students have
already been admitted pursuant to the interim orders granted in earlier rounds oflitigation, following an order of the Division Bench of this Court dated 04.02.2021 in LPA Signature Not Verified Digitally Signed W.P.(C)4279/2021 and connected matters Page 3 of 4 By:SHITU NAGPAL Signing Date:09.04.2021 21:56:14 No. 49/2021 (Shivang Homeopathic College vs. Union of India &Ors.). It was also directed by the order dated 04.03.2021 (in W.P.(C) 514/2021 and connected matters) that the students already admitted would not be disturbed during the pendency of the petitioners' applications before the Union. Similar interim orders have been passed in some of these petitions, as well. In order to preserve the status quo with regard to the students so admitted, it is made clear that students who have already been admitted pursuant to the orders of this Court, will not be disturbed during the pendency of these petitions.
xxxx xxxx xxxx
e. The Grievance Redressal Committee ["GRC"],
constituted in terms of the aforesaid Status Note is also in seisin of the representations of several institutions, including some of the petitioner-institutions herein. It is made clear that the pendency of these petitions will not stand in the way of orders being passed by the GRC. However, in the event the orders of the GRC are adverse to the petitioner-
institutions, the admission already granted to students will not be disturbed without further orders of the Court."
5. The aforesaid directions contained in the order dated 26.03.2021 shall bind the parties in these writ petitions as well.
6. Counter affidavits to the writ petitions be filed positively by 12.04.2021. However, an advance copy be served upon learned counsel for the petitioners by 10.03.2021, to enable them to file rejoinders by 14.04.2021.
7. List on 15.04.2021.
PRATEEK JALAN, J APRIL 7, 2021/'vp'/s Signature Not Verified Digitally Signed W.P.(C)4279/2021 and connected matters Page 4 of 4 By:SHITU NAGPAL Signing Date:09.04.2021 21:56:14