Rajasthan High Court - Jodhpur
Madan Mohan Malviya Govt. Ayurved ... vs Dr. Krishan Choudhary on 4 July, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 389/2022
Madan Mohan Malviya Govt. Ayurved College, Udaipur Through
Its Principal
----Appellant
Versus
1. Dr. Krishan Choudhary S/o Raja Ram, Aged About 29
Years, Ro Village Birtoli, Post Sorkhakalan, Tehsil
Mundawar, District Alwar, Presently Residing At Near Bhati
Circle, Ratanada, Jodhpur (Rajasthan)
2. Ug/pg Ayush Counselling Board, 112 113, Administrative
Block, Dr. Sarvapalli Radha Krishnan Rajasthan Ayurved
University, Nagaur Road, Karwar, Jodhpur, Rajasthan
Through Its Chairman
3. University Of College Of Ayurveda, Dr. Sarvapalli
Radhakrishnan Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur, Rajasthan Through Its Principal
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 439/2022
Madan Mohan Malviya Govt. Ayurved College, Udaipur Through
Its Principal
----Appellant
Versus
1. Dr. Sandeep Kumar S/o Shri Mishri Lal, Resident Of Vpo
Devota, Tehsil Kotputli, District Jaipur, (Rajasthan).
2. Ug/pg Ayush Counselling Board, 112-113, Administrative
Block, Dr. S R K Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur, Rajasthan Through Its Chairman
3. Dr Sarvapalli Radha Krishan Rajasthan Ayurved
University, Through Its Registrar, Nagaur Road, Karwar,
Jodhpur, Rajasthan
4. University Of College Of Ayurveda, Dr. Sarvapalli
Radhakrishnan Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur, Rajasthan Through Its Principal
----Respondents
D.B. Spl. Appl. Writ No. 440/2022
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(2 of 6) [SAW-389/2022]
Madan Mohan Malviya Govt. Ayurved College, Udaipur Through
Its Principal.
----Appellant
Versus
1. Dr. Krishan Choudhary S/o Shri Raja Ram, Ro Village
Birtoli, Post Sorkhakalan, Tehsil Mundawar, District Alwar,
Presently Residing Near Bhati Circle, Ratanada, Jodhpur,
Rajasthan
2. Dr. Sandeep Kumar S/o Shri Mishri Lal, Resident Of Vpo
Devota, Tehsil Kotputli, District Jaipur, Rajasthan
3. Ug/pg Ayush Counselling Board, 112 113, Administrative
Block, Dr Srk Rajasthan Ayurved University, Nagaur Road,
Karwar, Jodhpur, Rajasthan Through Its Chairman
4. Dr Sarvapalli Radha Krishnan Rajasthan Ayurved
University, Through Its Registrar, Nagaur Road, Karwar,
Jodhpur, Rajasthan
5. University Of College Of Ayurveda, Dr Sarvapalli
Radhakrishnan Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur, Rajasthan Through Its Principal
----Respondents
D.B. Spl. Appl. Writ No. 512/2022
Madan Mohan Malviya Govt. Ayurved College, Udaipur Through
Its Principal.
----Appellant
Versus
1. Dr. Gopal Choudhary S/o Ganga Ram Choudhary, R/o
Ward No. 57, Saran Nagar,jodhpur Raj
2. State Of Rajasthan, Through Its Secretary, Ayurved And
Indian Medicine Department, Government Of Rajasthan,
Secretariat, Jaipur
3. Ug/pg Ayush Counselling Board, 112 113, Administrative
Block, Dr. S R K Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur, Rajasthan Through Its Chairman
4. Dr. Sarvapalli Radha Krishnan Rajasthan Ayurved
University, Through Its Registrar, Nagaur Road, Karwar,
Jodhpur Rajasthan
5. University Of College Of Ayurveda, Dr. Sarvapalli
Radhakrishnan Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur, Rajasthan Through Its Principal
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(3 of 6) [SAW-389/2022]
----Respondents
For Appellant(s) : Mr. Salman Agha, for Mr. Anil Kumar
Gaur, AAG
For Respondent(s) : Mr. Yashpal Khileree
Mr. Sandeep Bhandawat
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 04/07/2022 The instant bunch of appeals involving common questions of facts and law. The appellant seeks to assail the orders passed by the learned Single Bench of this court accepting the writ petitions preferred by the respondents herein and directing the appellant (respondent in the writ petition to afford admission to the respective petitioners in the PG Course of Ayurveda pursuant to the All India Ayush Post Graduate Entrance Test for academic session 2020-21.
The details of the Writ Petitions and the orders passed by the learned Single Bench are mentioned below in a tabular form :-
S. D.B. S.A.W. No. S.B.C.W.P. No. Date of impugned No. order
1. 389/2022 17713/2021 20.12.2021
2. 439/2022 17819/2021 20.12.2021
3. 440/2022 1789/2022 05.02.2022
4. 512/2022 2391/2022 15.02.2022 Learned counsel Mr. Salman Agha, representing the appellant (respondent before the learned Single Bench) urged that the direction given by the learned Single Bench to afford admission to the writ petitioners in the PG Course is contrary to (Downloaded on 06/07/2022 at 08:42:45 PM) (4 of 6) [SAW-389/2022] the Rules and Regulations for Counselling applicable to the academic session in question as issued by the parent body, i.e. Dr. Sarvapalli Radha Krishan Rajasthan Ayurved University. He referred to the counselling procedure as stipulated in Clause 4(D)
(v) of the guidelines, which reads as below, and urged that if at all, after repeated sessions of counselling, any vacant seats arise due to any reason, such vacancies are required to be filled up by upgradation on the basis of reservations and merit-cum-
preference list from the candidates in the waiting.
"D. Counselling Procedure:
i. Admission will be subject to the rules & regulation of the respective institutes.
ii. Counselling Board reserves the right to correct any inadvertent error in any merit list and also in the prospectus.
iii. The Counselling Board shall conduct counselling of the candidates and allot the institute/college and Subjects taking into an account the scheme of distribution of reserved seats, merit lists of respective categories, the order of the merit of AIAPGET 2020, preference and availability of seats.
iv. The right of admission of any candidate who does not complete the prescribed internship by 31 December 2020 or as decided by the Ministry of AYUSH, Government of India will automatically stand cancelled.
v. Vacant seats arising due to any reason shall be filled by up-gradation on the basis of Reservations and Merit- cum-Preference List from the candidates in the Waiting.(Downloaded on 06/07/2022 at 08:42:45 PM)
(5 of 6) [SAW-389/2022] vi. No TA/D.A. will be paid to the candidates for appearing in the Counselling."
He urged that the direction to afford admission to the writ petitioners in the PG Course is contrary to the mandate of the guidelines and it would result into denial of opportunity to the candidates who are entitled to seek admission on the basis of reservation and merit and hence, the impugned orders are violative of the right to equal opportunity enshrined in Articles 14 & 16 of the Constitution of India. He, thus, urged that the impugned orders, which have been passed in total ignorance of the guidelines should be reversed.
Per contra, learned counsel Mr. Yashpal Khileree, representing the respondents-writ petitioners, urged that the order passed by the learned Single Bench is based on equity. No other candidate apart from the petitioners was desirous of seeking admission. He submitted that the court was of the view that the interest of justice would be better served by giving admission to the respective writ petitioners in the PG Course because keeping seats vacant would not serve any cause and would tantamount to wastage of resources. He, thus, submitted that no interference is called for in the impugned orders and sought dismissal of the appeals.
We have given our thoughtful consideration to the submissions advanced at bar and have gone through the impugned orders passed by the learned Single Bench.
The undisputed factual scenario as emanating from the material available on record is that the respondent writ petitioners were unsuccessful in securing admission to the PG Course after (Downloaded on 06/07/2022 at 08:42:45 PM) (6 of 6) [SAW-389/2022] two rounds of regular counselling, two mop-up rounds and one stray vacancy round presumably because they did not stand in merit. There is no doubt that the procedure of admission is governed by the guidelines issued by Dr. Sarvapalli Radha Krishan Rajasthan Ayurved University. Clause 4(D) of the guidelines reproduced supra makes it clear that seats falling vacant for any reason after counselling rounds have been completed would have to be filled up by upgradation after accounting for reservations and merit-cum-preference list from amongst the candidates in waiting. While passing the impugned orders, the learned Single Bench seems not to have been apprised of this mandatory procedure applicable for filling the vacant seats and thus, the direction given to afford admission to the writ petitioners virtually amounts to granting relief to the candidates, who approached the court while ignoring the lawful process of admission as stipulated in the mandatory guidelines. The direction so given is in clear violation of the mandate of Articles 14 & 16 of the Constitution of India.
As a consequence, the impugned orders being totally de hors the guidelines referred to supra, are invalid and cannot be sustained and hence, the same are reversed. The appeals are allowed in these terms.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
44-Pramod/-
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