Patna High Court - Orders
Mangla Kamla Homeopathic Medical ... vs The Union Of India & Ors on 4 December, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18214 of 2018
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Dr. R. B. Singh Gaya Homeopathic Medical College & Hospital
... ... Petitioner/s
Versus
The Union Of India & Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 18215 of 2018
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Dr. Yadurbir Sinha Hemeopathic Medical College & Hospital Bakerganj
... ... Petitioner/s
Versus
The Union Of India & Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 18534 of 2018
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Maharshi Menhi Homoeopathic Medical College & Hospital
... ... Petitioner/s
Versus
The Union Of India & Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19327 of 2018
======================================================
Mangla Kamla Homeopathic Medical College And Hospital
... ... Petitioner/s
Versus
The Union Of India & Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 19769 of 2018
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B. N. M. Homeopathic Medical College And Hospital
... ... Petitioner/s
Versus
The Union Of India & Ors
Patna High Court CWJC No.18214 of 2018(23) dt.04-12-2018
2/6
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 18214 of 2018)
For the Petitioner/s : Mr. Bindhyachal Singh
Ms. Smrity Singh
For the Union of India : Mr. S.D Sanjay (Addl. Soc. Gen.)
Ms. Punam Kumari Singh, C.G.C.
For the University : Mr. Sandip Kumar
Mr. Vikas Ratan Bharti
For C.C.H. : Mr. Sanjeet Kumar
(In Civil Writ Jurisdiction Case No. 18215 of 2018)
For the Petitioner/s : Mr. Bindhyachal Singh
Ms. Smrity Singh
For the Union of India : Mr. S.D Sanjay (Addl. Soc. Gen.)
Mr. Rajesh Kumar Verma, C.G.C.
For the University : Mr. Sandip Kumar
Mr. Vikas Ratan Bharti
For the C.C.H. : Mr. Sanjeet Kumar
(In Civil Writ Jurisdiction Case No. 18534 of 2018)
For the Petitioner/s : Mr. Chandra Bhushan Das
For the Union of India : Mr. S.D Sanjay (Addl. Soc. Gen.)
Ms. Kanak Verma, C.G.C.
For the University : Mr. Sandip Kumar
Mr. Vikas Ratan Bharti
For the C.C.H. : Mr. Sanjeet Kumar
For the State : Mrs. Shama Sinha, AC to AAG-9
(In Civil Writ Jurisdiction Case No. 19327 of 2018)
For the Petitioner/s : Mr. Niranjan Kumar
For the Union of India : Mr. S.D Sanjay (Addl. Soc. Gen.)
Ms. Punam Kumari Singh, C.G.C.
For the University : Mr. Anil Kumar Singh
For the C.C.H. : Mr. Sanjeet Kumar
For the State : Mr. Majtabul Haque, GP-12
(In Civil Writ Jurisdiction Case No. 19769 of 2018)
For the Petitioner/s : Mr. Satya Prakash
For the Respondent/s : Mr. Ajay Bihari Sinha -Ga8
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
22 04-12-2018In all these writ applications, the petitioners are seeking direction to the B.R.A. Bihar University, Muzaffarpur to hold examination for the session 2016-17 of B.H.M.S. course. All the colleges are privately managed colleges conducting B.H.M.S. course.
Patna High Court CWJC No.18214 of 2018(23) dt.04-12-2018 3/6 I have heard at length the submissions advanced on behalf of learned Counsel appearing on behalf of the petitioners, learned Additional Solicitor General of India, assisted by Dr. Punam Kumari Singh, learned standing counsel for the Central Government and learned counsel representing the University and Central Council of Homoeopathy (hereinafter referred to as 'C.C.H.').
There are certain issues which have emerged one of the main issues being as to which authority i.e. the C.C.H. or the Central Government has power to grant permission to undertake admissions in the course, in question. The other issues are whether there was requisite permission available with these institutions for undertaking admissions for the session in question or not. The colleges claim that they have allowed admission for the session 2016-17 and according to them, based on respective merits of the candidates.
My attention has been drawn by learned counsel for the University to Regulation 4A of the Homeopathy (Degree Course) Regulations, 1983, which reads thus:-
"4A. Criteria for selection of students.-
(i) The selection of students to the college shall be based solely on merit of the candidate and for determination of merit, the following criteria be Patna High Court CWJC No.18214 of 2018(23) dt.04-12-2018 4/6 adopted uniformly throughout the country, namely:-
(a) In States, having only one Medical College and one University or examining body conducting the competitive examination, marks obtained at such qualifying examination shall be taken into consideration.
(b) In states, having more than one University or examining body conducting the competitive examination or where there is more than one medical college under the administrative control of one authority, a competitive examination shall be held so as to achieve a uniform evaluation.
(c) Where there are more than one college in a State and only one University or examining Board conducting the competitive examination then a joint selection board consisting of the Principals of all the colleges and a representative from the faculty of University or examining Body, as the case may be, shall be constituted by the State Government for all colleges to achieve a uniform method of competitive examination.
(d) The Central Government itself or any other agency notified by it shall conduct a competitive examination in the case of institutions of an all India character.
(ii) A candidate shall be eligible for the Patna High Court CWJC No.18214 of 2018(23) dt.04-12-2018 5/6 competitive examination if he has passed any of the qualifying examinations specified under regulation 4:
Provided that a candidate who has appeared in the qualifying examination the result of which has not been declared, he my be provisionally permitted to take up the competitive examination and in case of selection for admission to the B.H.M.S. Degree Course, he shall not be admitted to that course until he fulfils the eligibility criteria under regulation 4." There does not appear to be much dispute that the cases of these petitioners would be falling in clause (c) of sub- Regulation (i) of Regulation 4A, as there are more than one college in the State of Bihar conducting B.H.M.S. course(s), which are affiliated to only one University i.e. B.R.A. Bihar University, Muzaffarpur.
In the background of the plea, which has been taken on behalf of the petitioners that, they have allowed admissions of student in the respective colleges based on merit, let affidavits be filed on their behalf in all these cases, stating the procedure adopted by them for allowing admissions in their colleges. Such affidavits must be filed by 13th December, 2018.
On careful examination of Regulation 4A, I am of the tentative view, subject to the submissions to be advanced on Patna High Court CWJC No.18214 of 2018(23) dt.04-12-2018 6/6 behalf of the parties that the words 'competitive' in second line of clause (a), second line of clause (b) and second line of clause
(c) of sub Regulation (i) of Regulation 4A have been wrongly mentioned in place of 'qualifying' as a result of clerical error.
The Court expects the Central Government to examine this aspect and issue clarification, if required.
The University will also be required to file an affidavit, stating whether any competitive examination as stipulated under clause (c) of sub-Regulation (i) of Regulation 4A, has been conducted and is being conducted or not.
List this case under the same heading on 13th December, 2018.
(Chakradhari Sharan Singh, J) Ashish/-
U