Rajasthan High Court - Jaipur
Arogya Homeopathic Medical College vs State Of Rajasthan on 13 February, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 27816/2018
Arogya Homeopathic Medical College
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rajesh Sharma For Respondent(s) : Dr. Vatsana Kasna, OIC-II
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Judgment / Order 13/02/2019 Heard and considered.
Though response to the writ application has been filed on behalf of the respondents, but a copy of the same has not been furnished to the petitioner - institute.
Mr. Rajesh Sharma appearing on behalf of the petitioner -
institute urged that in somewhat identical factual matrix, interim protection has been granted to one of the institute i.e. Yuvraj Pratap Singh Memorial Homeopathic Medical College & Homeopathic Medical College & Hospital Versus State of Rajasthan & Ors.: SBCWP Number 19128/2018, connected with SBCWP Number 19237/2018, by a Coordinate Bench of this Court, Principal Seat, at Jodhpur, directing the State-respondents to proceed to fill up the remaining vacancies of Bachelor of Naturopathy and Yoga Science, available with the institute(s) therein, which remained vacant after completion of process of admission relying upon the order made by this Court in the case of Gurukul Shikshan Sansthan Versus State of Rajasthan & Ors.:
(D.B. SAW/438/2019 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 01:19:34 AM) (2 of 6) [CW-27816/2018] SBCWP Number 21854/2018. At this juncture, it will be relevant to take note of the contents of the order dated 20 th December, 2018, made in the case of Yuvraj Pratap Singh Memorial Homeopathic Medical College & Homeopathic Medical College & Hospital (supra), which reads thus:
"Heard learned counsel for the parties.
Mr. M.S. Singhvi, learned senior counsel appeared on behalf of the petitioners submitted that issue involved in this writ petitions has been considered by a Co-ordinate Bench of this Court at Jaipur Bench in Gurukul Shikshan Sansthan Vs. State of Rajasthan & Ors.(S.B. Civil Writ Petition No.21854/2018) wherein on 17.12.2018, the Court held as under:
"In the result, the State-respondents are directed to proceed to fill up the remaining vacancies of Bachelor of Naturopathy and Yoga Science, available with the petitioner-Institute (Institutes) which have remained vacant after completion of the process as stated by counsel for the respondents. It is also made clear that the merit criteria shall not be lowered any further. Only students who fulfill the required qualifying criteria are to be accorded admissions according to their merit. After completion of the process aforesaid, remaining seats shall be filled up by Institute by meritorious students through the same process i.e. merit. Further, the State and Institutes would complete such exercise on or before 20th December, 2018 and no admission shall be permissible after 20th December, 2018. Needless to observe that this process shall remain subject to outcome on the writ application."
Learned senior counsel further submits that the petitionersInstitutes may also be permitted to fill the (D.B. SAW/438/2019 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 01:19:34 AM) (3 of 6) [CW-27816/2018] vacant seats in BHMS Course as per their sanction strength.
Learned counsel for the respondents have admitted the order passed by this Court at Jaipur Bench in the matter of Gurukul Shikshan Sansthan (supra).
In that view of the matter, issue notice to the respondents.
Learned counsel appearing on behalf of the respondents accept notice.
List the matter on 11.01.2019.
Considering the aforesaid interim order passed by a Coordinate Bench of this Court at Jaipur Bench, I deem it just and proper to direct the respondents- State to proceed to fill up the remaining vacancies of Bachelor of Homeopathic Medicine and Surgery (BHMS), available with the petitioners-Institutes (Institutes) which have remained vacant after completion of the process as stated by counsel for the respondents. It is also made clear that the merit criteria shall not be lowered any further. Only students who fulfill the required qualifying criteria are to be accorded admissions according to their merit. After completion of the process aforesaid, remaining seats shall be filled up by Institutes by meritorious students through the same process i.e. merit. Further, the State and Institutes would complete such exercise on or before 23rd December, 2018 and no admission shall be permissible after 23rd December, 2018.
Needless to observe that this process shall remain subject to outcome on the writ application"
Referring to the order dated 1st February, 2019, made by the Apex Court of the land in Civil Appeal Number 1393 of 2019:
Association of Managements of Homeopathic Medical Colleges of Maharashtra Versus Union of India & Ors., it is contended that the (D.B. SAW/438/2019 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 01:19:34 AM) (4 of 6) [CW-27816/2018] last date that was determined as 15 th November, 2018, was later on extended to 20th December, 2018, and the Apex Court of the land taking note of the factual matrix permitted the Association of Managements of Homeopathic Medical Colleges of Maharashtra (appellants therein), to complete the process of admission strictly on the basis of the merit by 15th February, 2019. Thus, factual matrix of the case at hand is not distinguishable and different from that of Association of Managements of Homeopathic Medical Colleges of Maharashtra (supra).
In view of the factual matrix as taken note of herein above so also having regard to the observations made by the Apex Court of the land in the case of Association of Managements of Homeopathic Medical Colleges of Maharashtra (supra), observing thus:
"6. Though the last date for admission to the BHMS course was 15th November, 2018, we are informed that the last date was extended till 20th December, 2018 by the Allahabad High Court. Though there is no agreement on the exact number of vacant seats, it is common ground that there are vacant seats for admission to the 1st year BHMS course in the State of Maharashtra. As there is no uniformity in the matter of admission to the 1st year BHMS course for the year 2018-19, as securing minimum marks in NEET is not required in some States pursuant to orders of the High Courts, we are of the opinion that the Appellants are entitled to the relief of admissions being made without reference to the letter dated 11th June, 2018 of Respondent No.1 and the consequential notice of Respondent No.3. In other words, the Appellant-
Association should be permitted to make admissions to the 1 st year BHMS course for the academic session 2018-19 on the basis of the eligibility criteria (D.B. SAW/438/2019 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 01:19:34 AM) (5 of 6) [CW-27816/2018] mentioned in the information brochure dated 5th February, 2018. A candidate who has secured minimum marks in the NEET UG-2018 shall be eligible for admission to the 1st year BHMS course for the academic year 2018-19.
7. As two months have passed after the last date of admission to the 1 st year BHMS course i.e. 15th November, 2018, we direct the Appellants to complete the process of admissions strictly on the basis of the merit by 15th February, 2019. The Managements of the colleges are directed to hold extra classes for students who will be admitted pursuant to this order to comply with the requirements of minimum working days. This order which is passed in the peculiar facts of the case shall not be treated as a precedent. No opinion is expressed by us regarding the introduction of the minimum percentile as an eligibility criteria in the NEET examination.
8. Appeals are disposed of accordingly. Leave granted.
Ms. Pinky Anand, learned Additional Solicitor General for the Respondent No.1, pointed out that the Ayurvedic medical colleges stand on a different footing in comparison to the Homoeopathy medical colleges. We have carefully examined the material on record and we are convinced that the issue in this Appeal is the same as that of Homoeopathy colleges, namely, the introduction of minimum percentile in the NEET for admission to the UG courses for the year 2018-19. Therefore, this Appeal is disposed of in terms of the judgment in Civil Appeals @ SLP (C) Nos. 766 and 767 of 2019."
I am inclined to grant permission for the process of admission strictly on the basis of the merit and the same shall be completed by 15th February, 2019.
(D.B. SAW/438/2019 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 01:19:34 AM) (6 of 6) [CW-27816/2018] Accordingly, State-respondents are directed to proceed to fill up the remaining vacancies of Bachelor of Homeopathic Medicine and Surgery (B.H.M.S.), available with the petitioner -
institute/institutes, which have remained vacant after completion of the process of admission already conducted. No further admission shall be granted beyond 15 th February, 2019. It is made clear that merit shall be criteria and shall not be lowered any further. In case, State-respondents fail to do the needful as aforesaid; the remaining seats shall be filled up by the petitioner -
institute according to the prescribed merit criteria.
Needless to observe that the petitioner - institute would do the needful to hold extra classes for the students, who would be admitted pursuance to this order to ensure compliance of requirement of minimum working days, if case of deficiency, if any.
It is made clear that this order shall remain subject to outcome on this writ application.
(VEERENDR SINGH SIRADHANA),J SS/82 (D.B. SAW/438/2019 and 1 more have been filed in this matter. Please refer the same for further orders) (Downloaded on 06/06/2021 at 01:19:34 AM) Powered by TCPDF (www.tcpdf.org)