Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3824 (ALL)

Association of Private Ayurvedic/Unani & Homoeopathic Medica v. Union of India Thru Secy. of Ayurved Yoga & Naturopathy

2015-12-04

RITU RAJ AWASTHI

body2015
JUDGMENT Ritu Raj Awasthi, J. Supplementary affidavit on behalf of petitioner filed today in Court is taken on record. 2. Notice on behalf of respondent no. 1 has been accepted by the learned Assistant Solicitor General of India whereas notice on behalf of respondent no. 2 has been accepted by the learned Chief Standing Counsel. 3. Mr. P. Karthik, Advocate has put in appearance on behalf of respondent no. 3 and files vakalatnama, the same is also taken on record. 4. Heard Mr. S.K. Kalia, learned Senior Advocate assisted by Mr. Sameer Kalia and Mr. Rajat Ranjan Singh, Mr. Asit Kumar Chaturvedi, learned Senior Advocate assisted by Mr. Arpit Kumar for respondent no. 1 as well as learned standing counsel for respondent no. 2 and Mr. P. Karthik, learned counsel for respondent no. 3. 5. The writ petition has been filed seeking permission in favour of petitioner-association for conducting reexamination for admission in P.G. Course in Ayurvedic Medicines recognized by the Central Council of Indian Medicine for the academic session 2015-16. 6. Mr. S.K. Kalia, learned senior advocate appearing for petitioner submits that the petitioner-association had conducted entrance examination for admission in the aforesaid course as per decision of the Apex Court in the case of T.M.A. Pai Foundation and others vs. State of Karnataka and others; (2002) 8 SCC 481 and Modern Dental College and Research Centre and others vs. Stet of Madhya Pradesh and others; (2009) 7 SCC 751 . The said entrance test was to be treated as valid in case it was found to be done in a fair, transparent and non-exploitative manner. 7. It is further submitted that this Court vide judgment and order dated 20.11.2015 passed in Writ Petition No. 6978 (MS) of 2015 has directed the State Government to consider the request of petitioner-association for recognizing the entrance test conducted by the association within the shortest possible time. The Central Council for Indian Medicine and the Central Government was to consider the fact that out of 222 seats available in the P.G. Ayurvedic Courses in the private institutions in the State of U.P., only 15 seats have been filled up and remaining 207 seats are still lying vacant and, therefore, may take appropriate decision with respect to extension of date for admission. 8. 8. The State Government in pursuance to the direction issued by the Court has constituted a Committee which has submitted a report to the effect that it is not possible to ascertain as to whether the entrance test dated 20.11.2015 held by the petitioner-association passes the test of fairness, transparency and non-exploitativeness. The State Government considering that report vide office order dated 28.11.2015 has provided that in case the petitioner-association holds re-entrance test within 10 days after obtaining permission from the High Court, the State Government is ready to provide observers for the said entrance examination and thereafter the State Government can consider the question of fairness, transparency and non-exploitativeness and also request the Central Govenment and Central Council for Indian Medicine for extending the admission date. The respondent no. 2 has also issued letter dated 1.12.2015 to the Secretary of the petitioner-association in this regard. 9. Learned counsel for petitioner also submits that the last date for admission to the Postgraduate Course for which the examination is to be held has been extended to 7.12.2015 for the new institutions. The petitioner has issued advertisement for admission into P.G. Courses through admission test and the date for entrance test has been fixed as 06.12.2015. The State Government has been informed about it. 10. Learned standing counsel appearing for the State submits that the State Government would appoint the observers to ensure fairness, transparency and non-exploitativeness in the entrance examination conducted by the petitioner-association, provided the permission is granted by the High Court. 11. It is very surprising to note as to how and why permission from the High Court is required to conduct the re-entrance examination. In case the State Government and other authorities are ready to give permission to the petitioner-association to hold re-entrance examination in a fair, transparent and non-exploitative manner, no permission from the High Court is required for that purpose. By the order dated 20.11.2015 passed in Writ Petition No. 6978 (MS) of 2015, the Court has directed the State Government to consider the request of the petitioner-association for recognizing the entrance test conducted by them earlier. By the order dated 20.11.2015 passed in Writ Petition No. 6978 (MS) of 2015, the Court has directed the State Government to consider the request of the petitioner-association for recognizing the entrance test conducted by them earlier. If the State Government is not in a position to find out as to whether the said entrance examination was conducted in a fair, transparent and non-exploitative manner and feels that re-entrance examination may be held by the petitioner-association, no permission for that purpose is required to be taken from the High Court. It is for the State Government and other concerning authorities to grant permission to the petitioner-association to hold re-entrance examination or recognize the entrance test held by them for the purpose of admission in the P.G. Ayurvedic Course in the private institutions in the State of U.P., if at all it is required under the law. It is also for the authorities concerned to extend the last date fixed for admission for the said course. 12. However, in case re-entrance examination is held, the State Government shall ensure that it is done in a fair, transparent and non-exploitative manner. With these observations, the writ petition is disposed of.