JUDGMENT : 1. The controversy raised in this petition emanates from Government Order no.634-HME of 2019 dated 04.07.2019 issued by the Financial Commissioner, Health and Medical Education Department, Government of Jammu & Kashmir, Srinagar, whereby the Government has ordered that all the management quota seats in the private AYUSH and Physiotherapy Colleges of J&K shall henceforth be filled up by the J&K Board of Professional Entrance Examination (BOPEE) through joint / common counselling by mandatorily using the NEET score as is being done in respect of management quota seats of MBBS/Dental courses in case of private colleges in the State. The petitioners herein have set up private unaided Institutions for imparting training to the candidates desirous of obtaining degrees in Bachelor of Unani Medicine and Surgery (BUMS). The petitioners have challenged the aforesaid Government order together with the notifications issued by the BOPEE founded thereon in this petition with the prayer to direct the respondents to allow them to fill up the AYUSH management quota seats in question in their institutes on their own strictly by using the NEET score of the candidates as per procedure already put in place. 2. On 20.09.2019, when this petition came up for consideration for the first time before the Court, the Court made the following direction: “1. Preliminarily heard Mr. Sunil Sethi, learned Sr. Counsel, for the petitioners through Video Conferencing and Mr. Shah Aamir, AAG, for respondents, who is on caveat and present before the Court. The Caveat is discharged. 2. The Court is of the opinion that in order to arrive at a just conclusion even at this interim stage, the response of the respondents is necessary. Therefore, issue short notice to the respondents to file their response both in the main petition as well as the CM, returnable by Monday, the 23rd September, 2019. 3. It be noted that in the impugned order dated 04.07.2019 at page 49 of the petition, it is stated that ‘the understanding of the Board is that even the management quota seats have to be filled up through the joint counselling by the BOPEE as has been done in respect of medical / dental courses.’ The respondents would need to justify their ‘understanding’ on this score, especially so when there seems to be no direction or instruction issued by the concerned Ministry of the Central Government in this behalf. Concomitantly, in view of the avowed object of the BOPEE to bring meritorious students to the AYUSH system, the petitioners would also need to clearly state what prejudice would be caused to them if the management seats are filled in by them from amongst the candidates figuring in the merit list of NEET Examination on the basis of the process of counselling done by the BOPEE. 4. List on Monday, i.e., on 23.09.2019, for hearing and consideration. 5. Given the very short time left for completion of the admissions of the students which is reportedly coming to an end on 31.09.2019, the respondents are directed to file their response by Monday and provide a copy thereof, in advance, to Mr. Sunil Sethi, learned Sr. Counsel, for the petitioners by whatever mode available to them. Mr. Sethi would also file a supplementary affidavit stating therein as to what prejudice, as aforesaid, is likely to be caused to the petitioners. 6. After the learned counsel for the parties are heard on Monday, the Court would see whether the matter should be finally decided or whether, at this stage, an interim direction only would suffice. 7. Copies of this order be provided to the learned counsel for the parties today itself, without fail, be it under the seal and signature of the Court Secretary or of the Registrar Judicial.” 3. Pursuant to the aforesaid order, the respondents have filed their objections; whereas the petitioners have filed the supplementary affidavit. 4. I heard the learned counsel for the parties and considered the matter. 5. At the hearing Mr. Shah Aamir, learned AAG, submitted that a writ petition, being WP(C) No.3186/2019, titled Jammu Institute of Ayurveda & Research v State of J&K challenging the very same Government order with identical prayers was filed in the Jammu wing of the Court, and that the writ petition has been dismissed by judgment dated 23.09.2019 passed by a Coordinate Bench of this Court. An averment to the same effect has also been made in the objections filed on behalf of the respondents. He submitted that since this writ petition is covered by the aforesaid decision of a Bench of the same strength, this petition, therefore, deserves to be, and may be, dismissed as such. 6. I have perused the judgment passed by the Coordinate Bench of this Court. He submitted that since this writ petition is covered by the aforesaid decision of a Bench of the same strength, this petition, therefore, deserves to be, and may be, dismissed as such. 6. I have perused the judgment passed by the Coordinate Bench of this Court. On the face of it, the point in issue involved in the two writ petitions is identical, i.e., the validity of the impugned Government order. In the aforesaid judgment, the Court has relied upon Regulation 2 contained in Schedule I appended to the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986 as substituted vide notification dated 07.12.2018 by the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2018. The learned AAG submitted that the understanding of the BOPEE as reflected in the impugned order is based on the said substituted Regulation. 7. Clause (v) of Regulation 2 captioned “Eligibility for Admission” thus substituted reads as under: “(v) The designated authority for counselling for all admissions to under-graduate courses in all Ayurveda educational institutions in the States and Union territories including institutions established by the State Government, University, Deemed University, Trust, Society, Minority Institution, Corporation or Company shall be the respective State or Union territory in accordance with the relevant rules and regulations of the concerned State or Union territory Government, as the case may be.” This Court is of the opinion that since a Coordinate Bench of this Court has already delivered a judgment relying on the aforesaid clause of Regulation 2 in question, for the sake of maintenance of judicial discipline, it would not be appropriate for this Court to proceed to express its own opinion as to the connotation of the aforesaid provision. This petition to that extent would, therefore, be governed by the aforesaid decision of the Coordinate Bench of the Court. 8. However, the matter does not end there. The respondents at page 9 of their objections have stated that all the seats, including the seats under management quota have been filled up during the second round of counselling and that the last date of joining was fixed to be 22.09.2019. This is contested by the petitioners in their supplementary affidavit, stating that as on 23.09.2019 in the petitioner no.1’s Institute 07 seats in the general quota and 10 seats in the management quota of BUMS are vacant. This is contested by the petitioners in their supplementary affidavit, stating that as on 23.09.2019 in the petitioner no.1’s Institute 07 seats in the general quota and 10 seats in the management quota of BUMS are vacant. Similarly, in the petitioner no.2’s Institute 12 seats in the general quota and 15 seats in the management quota of BUMS are vacant. It is relevant to mention here that insofar as petitioner no.1 is concerned, it is admitted that its intake capacity is 27 general quota seats, 03 poor and backward quota seats and 10 management quota; whereas the petitioner no.2’s intake capacity as 40 general quota seats, 05 poor and backward quota seats and 15 management quota seats. That means 43.5 % seats and 45 % seats are still vacant in the two Institutions, respectively, and that 100% seats in the management quota in both the Institutions have been left vacant after the counselling has been done by the respondent-BOPEE. This is the prejudice claimed by the petitioners and, it by no standards can be acceptable. The BOPEE cannot be allowed to be so slack in the process of such important admissions as to waste so large number of seats. This reflects upon the efficiency of the BOPEE. In any case, the two Institutions cannot be made to suffer on account of such inefficiency or slackness of the BOPEE. 9. What is astounding is that the respondent BOPEE in its objections at page 10 has stated that this is a national phenomenon that large number of seats under AYUSH course remain unfilled. If that be so, why should these institutions be allowed to be set up and established. And this is no answer to the grievance projected by the petitioners. The petitioners do not want to make admissions de hors the Rules as are applicable or ignoring the NEET Score. They simply want that the BOPEE allow them to fill up these seats from amongst the candidates figuring in the NEET Score having obtained the merit position upto the cut off score fixed by the BOPEE. The prayer seems to be innocuous and does not breach any rules or regulations on the subject. In view of the admitted fact that the BOPEE has failed to deploy enough of candidates so as to fill in the vacant seats in the two Institutions. The prayer seems to be innocuous and does not breach any rules or regulations on the subject. In view of the admitted fact that the BOPEE has failed to deploy enough of candidates so as to fill in the vacant seats in the two Institutions. I think, the proposition put forth is the only solution to the problem. This would save the seats being wasted during the current admission year. 10. In light of the above, while disposing of this writ petition, in the interests of justice, it is directed that the respondent BOPEE shall forthwith issue a notification, notifying to the desired candidates possessing merit in the NEET Score upto the cut off point determined and fixed by it to approach the petitioner Institutions to seek admissions against the vacant seats available with these Institutions. The BOPEE shall also authorise the two petitioner Institutions to issue similar notifications offering admissions to the candidates in question. 11. It was stated at the Bar that as per calendar, the last date for closure of the admissions is 30.09.2019. Given the present unavoidable circumstances and the state of communication systems, I think it would be in the larger public interest that the date of closure of such admissions is extended by at least 15 days upto 15.10.2019. I order accordingly. 12. Registrar Judicial shall convey the Judgement to the appearing counsel for the parties as also Chairman of the Board of Professional Entrance Examination J&K, Srinagar today itself. 13. Disposed of accordingly. 14. No order as to costs.