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Uttarakhand High Court · body

2014 DIGILAW 504 (UTT)

Mudit Chauhan v. Union of India

2014-10-30

ALOK SINGH

body2014
Judgment : Undisputed brief facts of the present case inter alia are that Patanjali Bhartiya Ayurvigyan Evam Anusandhan Sansthan, hereinafter called as Ayurvedic Medical College, was the member of the Association of Combined Entrance Examination, a society registered under the Societies Registration Act, i.e. respondent No.4; the society published and sold application forms along with prospectus for admission in BAMS in different Ayurvedic Medical Colleges, members of the society in the State of Uttarakhand for the Academic Session 2014-15; as per the prospectus, last date for submission of application forms was 17.05.2014; competitive examination was held on 30.05.2014; result was declared on 07.06.2014; all the petitioners in all these three writ petitions were declared successful and as per their options exercised and the merit obtained by them, they were allotted Ayurvedic Medical College in question; when Ayurvedic Medical College in question denied admission to the petitioners, all the petitioners approached this Court by way of filing of present petitions. 2. There is another important undisputed fact, i.e. Ayurvedic Medical College in question submitted resignation from the life members of ACEE on 21.06.2014, Annexure No. 4 to the counter affidavit filed by the Ayurvedic Medical College in WPMS No. 2111 of 2014. 3. Mr. Dharmendra Barthwal, learned counsel appearing for the petitioners submitted that the name of Ayurvedic Medical College finds place in the prospectus for the academic session 2014-15. Further contends that at the time of selling the prospectus and application forms as well as at the time of last date of submission of application forms and on the date when competitive examination was conducted by ACEE and on the date when result was declared, i.e. on 17.05.2014, 30.05.2014 and 07.06.2014, Ayurvedic Medical College in question was the member of ACEE. Therefore, even if, it is presumed that Ayurvedic Medical College in question has tendered resignation on 21.06.2014 and is not a member of the society i.e. ACEE with effect from 21.06.2014, the fact remains that Ayurvedic Medical College in question was member of the society at all the relevant Times. Therefore, admission cannot be denied to the petitioners saying that thereafter Ayurvedic Medical College has tendered resignation on 21.06.2014 and w.e.f 21.06.2014 is not a member of the society. 4. On the other hand, Mr. S.K. Agarwal, learned Senior Counsel appearing for respondents no. Therefore, admission cannot be denied to the petitioners saying that thereafter Ayurvedic Medical College has tendered resignation on 21.06.2014 and w.e.f 21.06.2014 is not a member of the society. 4. On the other hand, Mr. S.K. Agarwal, learned Senior Counsel appearing for respondents no. 5 and 6, i.e. Ayurvedic Medical College in question, vehemently argued that as per the judgment of the Hon’ble Apex Court in the case of Islamic Academy of Education and others vs. State of Karnataka and others reported in AIR 2003 SC 3724 , paragraph 18 it is the choice of the medical colleges either to remain member of the Association of the Medical Colleges situated in a particular State and to give admission to the candidates selected by the Association of the Medical Colleges of the State or to remain member of the Association of different Medical Colleges at the national level and to give admission to the candidates selected through Central Entrance Examination Test or to give admission to the students through the competitive examination held by the State Government. 5. Mr. S.K. Agarwal, learned Senior Counsel appearing for respondent nos. 5 and 6, further contended that Ayurvedic Medical College in question is not a member of the Association namely ACEE with effect from 21.6.2014; earlier State Government has granted permission to the Ayurvedic Medical College to grant admission to the candidates selected through the CPMT, however, later on the same was withdrawn and the decision of the State Government withdrawing the permission is under challenge before this Court in WPMS No. 2065 of 2014. 6. Mr. S.K. Agarwal, learned Senior Counsel further contended that State of Uttarakhand has made Regulations to the effect that all the private Medical Colleges in the State can grant admission either through the competitive examination held by Association of Medical Colleges situated in the State or through the examination held by the State Government excluding other mode of examination i.e. through the competitive examination held on National level. Therefore, Ayurvedic Medical College in WPMS No. 20665 of 2014 is seeking relief that college be permitted to take students through the national level competitive examination, i.e. C.P.M.T. which is pending disposal. Therefore, Ayurvedic Medical College should not be compelled to grant admission to the petitioners selected through the competitive examination held by respondent No.4. Therefore, Ayurvedic Medical College in WPMS No. 20665 of 2014 is seeking relief that college be permitted to take students through the national level competitive examination, i.e. C.P.M.T. which is pending disposal. Therefore, Ayurvedic Medical College should not be compelled to grant admission to the petitioners selected through the competitive examination held by respondent No.4. He further contended that Ayurvedic Medical College never gave consent to hold competitive examination for this academic session by the respondent No.4. 7. Be that as the case may be, fact remains that Ayurvedic Medical College in question was the member of ACEE on 17.05.2014, 30.05.2014 and 07.06.2014, i.e. the last date of submission of application forms, as well as the date when the examination was held and when the result was declared. Undisputedly, Ayurvedic Medical College is shown as one of the member Medical College in the prospectus. All the petitioners applied believing the prospectus. In my considered opinion, the petitioners cannot be denied admission by the Ayurvedic Medical College in question saying that Ayurvedic Medical College in question has withdrawn the membership with effect from 21.6.2014. In my further considered opinion, this is the settled position of law that rule of the game cannot be changed by either of the parties after the game has started. In the present case, not only the game was started, it came to an end by declaration of result on 07.06.2014. In my further considered opinion since Ayurvedic Medical College in question was one of the member of the Association at all relevant time, therefore, decision of the Society / Association to hold competitive examination by majority cannot be allowed to be challenged by the Ayurvedic Medical College after examinations were held result was declared simply because Ayurvedic Medical College has resigned from the membership at the later point of time on 21.06.2014. Every existing member of the Association must honour the majority decision taken by the Association. In my further opinion, Ayurvedic Medical College is now estopped to refuse admissions. Moreover, petitioners are entitled for the relief sought on the doctrine of reasonable expectation. Petitioners (students) should not be allowed to suffer merely because Ayurvedic Medical College after declaration of result has resigned from the membership of Association. 8. In my further opinion, Ayurvedic Medical College is now estopped to refuse admissions. Moreover, petitioners are entitled for the relief sought on the doctrine of reasonable expectation. Petitioners (students) should not be allowed to suffer merely because Ayurvedic Medical College after declaration of result has resigned from the membership of Association. 8. The question as to whether medical college in question can be granted permission to grant admission in subsequent academic sessions through the National Level Competitive Examination is the subject matter of WPMS No. 2065 of 2014 and can be suitably dealt with in that writ petition. Therefore, all the writ petitions succeed and are hereby allowed. Respondent nos. 5 and 6 are commanded to grant admission to the petitioners in BAMS course forthwith on deposit of the prescribed fee by the petitioners subject to the satisfaction of the Authorities that candidates are otherwise found eligible in accordance with prevailing law / Rules. 9. Copy of the order be supplied to the learned counsel for the parties on payment of usual charges today itself. 10. No order as to costs.