SC Deprecates Practice Of Directing Admission Of Students Through Interim Orders, Refuse To Interfere With Order Making Admission Subject To Final Order

“…since the High Court has stated that the admissions shall be subject to the outcome of the present petition, we are not inclined to interfere, though we deprecate such a practice”, a bench of Justice B.R. Gavai and Justice P.S. Narasimha and Justice Prashant Kumar Mishra observed in the matter.

AOR Archana Pathak Dave appeared for the petitioner, the National Commission for Homeopathy and Senior Advocate Niranjanara Reddy appeared for the respondents.

In the present matter, the original petitioner-Swanirbhar Homoeopathic Medical College Sanchalak Mahamandal (here the respondent), an association of self-financed homeopathy colleges in the State had alleged that the National Commission for Homeopathy respondents did not grant admission in the colleges of the association to those students who had not obtained minimum marks of 50 percentile in the All India AYUSH Post Graduate Entrance Test (AIAPGET) 2022-23 as per sub-regulation 2 of Regulation 4 of the Homeopathy (Post Graduate Degree Course) M.D. (Hom.) Regulations, 1989 (as amended in 2018).

It was stated that the admission was denied despite the fact that the same has been quashed, and set aside by the Division Bench of the Karnataka High Court vide its judgement and order dated August 31, 2021 in the case of The Karnataka Private Homeopathic Medical Colleges Management Association and Others vs. Union of India and others.

It is to be noted that through the judgment, the amended Regulation 4(2) of the PG Regulations that imposes additional condition of admission, came to be quashed and was set aside on the ground that without following the provisions of Section 20 of the Homeopathy Central Council Act, 1973 the amendment was carried out.

The division bench of the Court, therefore, was of the opinion that the petitioner was entitled to interim relief, and accordingly directed the respondents to permit the colleges of the petitioner association to admit the students forthwith on vacant seats and may extend the course of post-graduation keeping in mind the summer vacation in colleges.

“When the amended sub-regulation 2 Regulation 4 has been quashed and set aside after interpretation of the same which is applicable to all the homeopathy colleges in the entire country of India, it is not expected from respondent no. 2 to take illegal technical objection that admissions have been over on 08.04.2023. In fact, the authority ought to have granted admission to all students complying with the conditions referred in sub-regulation 1 of Regulation 4 of the PG Regulations and particularly when no student is affected if those students are admitted in the post graduate courses”, the bench had noted in the judgment.

Resultantly, the Apex Court while disposing of the matter requested the High Court to decide the petition as expeditiously as possible and in any case within a period of six weeks from the date of the order.

Cause Title: National Commission For Homeopathy v. Swanirbhar Homeopathic Medical College Sanchalak Mahamandal Gujarat State & Ors.