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2024 DIGILAW 283 (RAJ)

Druvi Amin Bipin Kumar D/o Amin v. Union Of India

2024-02-15

NUPUR BHATI

body2024
JUDGMENT : 1. Though the matters were listed in ‘Fresh’ category, at the joint request of both the parties, the same were heard finally today itself. 2. Writ Petition No.320/2024 has been filed under Article 226 and 227 of the Constitution of India with the following prayers:- “It is, therefore, most humbly and respectfully prayed that record of the case may kindly be called for and:- A. By an appropriate writ, order or direction, declare that the notice dated 13 November 2023 Issued by Respondent No. 3 is unclear, ambiguous and hence arbitrary so far it does not notify the dates for the registration of candidates who plan to apply for the Deemed Universities, with all consequential directions B. By an appropriate writ, order or direction, Petitioners be permitted to take admission in Bachelor of Homeopathy Medicine and Science Degree ("BHMS") Course, who have qualified NEET, against seats vacant seats, in the said course, for the academic session 2023-24, at the Respondent No.4 College along with all consequential directions C. Any other appropriate relief(s) which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. D. The writ petition filed by the petitioner may kindly be allowed with costs;” 3. Writ Petition No.19574/2023 has been filed under Article 226 and 227 of the Constitution of India with the following prayers:- “It is, therefore, most humbly and respectfully prayed that record of the case may kindly be called for and:- A. By an appropriate writ, order or direction, declare that the notification dated 13 November 2023 issued by Respondent No. 3 is unclear, ambiguous and hence arbitrary so far it does not notify the dates for the registration of candidates who plan to apply for the Deemed Universities, with all consequential directions B. By an appropriate writ, order or direction, Petitioner no.1 be permitted to grant admission to Petitioner No. 2 to 20 in Bachelor of Homeopathy Medicine and Science Degree ("BHMS") Course, who have qualified NEET, against seats vacant seats, in the said course, for the academic session 2023- 24, along with all consequential directions C. Any other appropriate relief(s) which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. D. The writ petition filed by the petitioner may kindly be allowed with costs:” 4. Both these writ petitions are being decided by this common order, however, facts of WP No.19574/2023 are illustratively taken for consideration. 5. Brief facts of the case are that the petitioner no. 1, Rajasthan Vidyapeeth Homeopathic Medical College (hereinafter referred to as ‘RVHMC’) JRN Vidyapeeth, Dabok, Udaipur, Rajasthan is a Deemed University, wherein 100% of the seats of the Petitioner are treated as All India Quota Seats. Petitioner no. 2 to 20 are the students who have qualified National Eligibility Entrance Test (NEET-UG) and seek admission in the petitioner college. Respondent no. 3, Ayush Admission Central Counselling Committee (hereinafter referred to as ‘AACCC’), notified the cutoff date for admission to UG Homeopathy courses during the academic year 2023-24, on 22.08.2023 (Annexure-4). Thereafter, vide letter dated 09.11.2023 (Annexure-5), the National Commission for Homeopathy informed about the reduction of minimum percentile criteria for NEET-UG 2023 for admission in UG and PG courses of Homeopathy for the Academic Year 2023-24 and subsequently the cut-off date for the admission in UG course was notified as 30.11.2023 vide the same letter (Annexure-5). 6. Meanwhile, vide letter dated 13.11.2023 (Annexure-6), respondent no. 3, informed about a Special Stray Vacancy Round in view of the revised minimum percentile criteria for NEET (UG)-2023 by 5 percentile across all categories for admission for the academic year 2023-24. Thereafter, vide the letter dated 15.11.2023 (Annexure-7), AACCC-Counselling Cell informed the Registrar, Deemed Universities, who had participated in AACCC-UG Counselling, about the Special Stray Vacancy Round as an additional round for admission to Ayurveda, Sidhha, Unani & Homeopathy (hereinafter referred to as ‘AYU&H’)- UG seats under the government/government-aided/Central University (‘CU’) /National Institutes (‘NI’), with respect to the revised minimum percentile criteria of NEET (UG) and the counselling Schedule had been enclosed with the letter. Moreover, it was informed that the Institute-level counselling shall be restarted from 22.11.2023 to 27.11.2023 with the data which is updated at the AACCC portal containing list of eligible candidates. 6. Thereafter, vide letter dated 16.11.2023 (Annexure-8), respondent no. 3 released the Schedule for registration unlocking on the AACCC-UG portal and as per this letter, Ministry of Ayush forwarded the seat metrics of the Deemed Universities and the updated list of registered eligible candidates after the Stray Vacancy Round to the respective Deemed Universities. 6. Thereafter, vide letter dated 16.11.2023 (Annexure-8), respondent no. 3 released the Schedule for registration unlocking on the AACCC-UG portal and as per this letter, Ministry of Ayush forwarded the seat metrics of the Deemed Universities and the updated list of registered eligible candidates after the Stray Vacancy Round to the respective Deemed Universities. The petitioner-students tried registering for the Deemed Universities between 22.11.2023 and 27.11.2023 but were not able to access the AACCC portal and thus, were unable to register for the Stray Vacancy Rounds. Thus, the petitioners have preferred this writ petition. 7. Learned senior counsel for the petitioner submits that vide Communication dated 13.11.2023 (Annexure-6) respondents had issued the Schedule for special Stray Vacancy Round for government/aided government/CU/NI. He further submits that as per the Schedule the government/added government/CU/NI were required to get themselves registered and make the payment of fee from 16.11.2023 to 19.11.2023, however, as mentioned in the said Communication, the updated Schedule for conduction of Stray Vacancy Round by the Deemed Universities was from 22.11.2023 to 27.11.2023. He further submits in the said Communication in the Note also, the said revised Schedule for the Deemed university was reiterated and it was mentioned that the Schedule for the Deemed University from 23.11.2023 to 27.11.2023. He further submits when the petitioner students opened the portal of the respondent for the purpose of registration payment on 22.11.2023 the same did not open and thus the petitioner students could not register and pay the fee and also could not fill the choice of their college. 8. Learned senior counsel for the petitioner also submitted that as per the Communication dated 13.11.2023 (Annexure-6), the special Stray Vacancy Round included Registration and Payment, Choice Filling/Logging, Process of Seat allotment, Publication of the Result and Reporting to the allotted Institute. He further submitted that in the said Communication, as per the language mentioned for the Deemed Universities, the updated Schedule for conduction of Stray Vacancy Round has been mentioned which is again inclusive of Registration and Payment, Choice Filling/Logging, Process of Seat allotment, Publication of the Result and Reporting to the allotted Institute and therefore, it cannot be said that the updated Schedule for conduction of Stray Vacancy Round by the Deemed Universities started with effect from 16.11.2023 and ended on 19.11.2023. Learned senior counsel also submitted that the respondents issued a notice dated 21.11.2023 (Annexure-8) inviting attention of all the candidates who wished to participate in Stray Vacancy Round conducted by the Deemed Universities as an Institute level in which it was reiterated that the revised Stray Vacancy Round conducted by the Deemed Universities is from 22.11.2023 to 27.11.2023 and thus, there was no reason to arrive at a conclusion for the petitioner college as well as the petitioner students, that they were required to get themselves registered as well as pay the fee and opt the choice of the respective college from 16.11.2023 to 19.11.2023. He also submitted that the petitioner college could fill only 32 out of 60 seats for the NEET qualified candidates allotted by AACCC through counselling and remaining seats would lie vacant, thus causing serious loss to the petitioner college, and that, the candidates of the petitioner college are NEET qualified and shall also suffer irreparable loss of one year if they are not given admission in the Deemed Universities and shall have to attempt the NEET examination again for the purpose of taking admission in the ASU&H-UG course. 9. Per contra, learned counsel for the respondents submitted that the petitioner college as well as the students have wrongly interpreted the Communication dated 13.11.2023 as the updated Schedule for conduction of Stray Vacancy Round by the Deemed University was from 22.11.2023 to 27.11.2023 and the said dates included only Counseling and Reporting to the allotted Institute and the petitioner students were required to get themselves registered and pay the requisite fee as well as lock and fill the choice of the college from 16.11.2023 to 19.11.2023. He also submitted that there are about 18 Deemed Universities in all and rest 17 Universities have registered and paid the due fees as well as the choice of the college was also filled from 16.11.2023 to 19.11.2023 and the candidates have also been granted admission in the 17 Deemed Universities. Learned counsel for the respondents further submitted the last date of admission in ASU&H-UG course for the academic year 2023-24 was on 30.11.2023 and the writ petitions have been filed on 18.12.2023 and 5.01.2024 and therefore, no relaxation in the cut-off date of admission can be given to the petitioners. Learned counsel for the respondents further submitted the last date of admission in ASU&H-UG course for the academic year 2023-24 was on 30.11.2023 and the writ petitions have been filed on 18.12.2023 and 5.01.2024 and therefore, no relaxation in the cut-off date of admission can be given to the petitioners. He also submitted that the candidates who had opted of Deemed Universities after registration can directly approach the respective Deemed Universities as per their preference and can complete the formalities on AACCC-UG Portal for Stray Vacancy Round conducted by the Deemed Universities at the Institute level during the period from 22.11.2023 to 27.11.2023. He also submitted that the submission of the learned senior counsel is incorrect that Schedule of government/government-aided/CU/NI was from 16.11.2023 ton 19.11.2023 and for the Deemed Universities it was from 22.11.2023 to 27.11.2023 as AACCC, M/o Ayush had not conducted Stray Vacancy Round for Deemed Universities for the academic year 2023-24. He further submitted that in the Note dated 13.11.2023 the Schedule for the Deemed Universities was from 22.11.2023 to 27.11.2023 for the earliest Stray Vacancy Round of Deemed Universities on account of deduction of percentile. He further submitted that in the Note dated 13.11.2023 it was categorically mentioned that the eligible candidates who had participated in the Institute level Stray Vacancy Round conducted by the Deemed Universities can also register on AACCC Portal. He submitted that thus the candidates who wanted to take admission in Deemed Universities were therefore required to get themselves registered from 16.11.2023 to 19.11.2023 and the candidates in the writ petition who want to take admission in the Deemed University, RVHMC, failed to do so. He also submitted that as per the record available, only 5 candidates out of the RVHMC have registered themselves in the AUS&H-UG course in accordance with the Schedule who did not opt Deemed Universities as counseling under “type of counseling” on AACCC Portal as per public note dated 16.11.2023. 10. Heard learned counsel for the parties. 11. Upon perusal of the Communication dated 15.11.2023 (Annexure-7) made to all the Deemed Universities it is seen that it has been specifically mentioned in para 3 "in view of opening registration for the special Stray Vacancy Round from 16.11.2023 on the AACCC-UG Portal, all Deemed Universities are requested to hold the Institute level counseling (Stray Vacancy Round for Deemed AIQ seats) from 16.11.2023''. As per the para no.3 the candidates who wish to take admission in the Deemed Universities were required to get themselves registered from 16.11.2023 to 19.11.2023 on the AACCC portal as it was specifically mentioned that registration for the special Stray Vacancy Round shall open from 16.11.2023 on the portal and the Deemed university were thereafter required to hold the Institute level counseling which was restarted from 22.11.2023 to 27.11.2023 with the data of updated list of eligible “registered” candidates on the AACCC-UG portal. The relevant paragraph 3 of e-mail dated 15.11.2023 (Annex.7) is reproduced hereinbelow: “3. In view of opening registration for the Special Stray Vacancy Round from 16.11.2023 on the AACCCUG portal, all Deemed Universities are requested to hold the Institute-level counseling (Stray Vacancy Round for Deemed AIQ seats) from 16.11.2023. Further, the Institute-level counseling shall be restarted from 22.11.2023 to 27.11.2032 with the data of the updated list of eligible candidates registered on the AACCC-UG portal. Furthermore, it is informed that cutoff date for admission to ASU&H-UG courses is 30th November, 2023.” 12. Upon perusal of the Communication dated 13.11.2023 (Annexure-6) particularly the Note at the bottom of the said Communication, which specifically mentioned that the eligible candidates who wished to participate in the Institute level Stray Vacancy Round conducted by the Deemed university can also register themselves at AACCC Portal and it is also mentioned that the revised Schedule for Institute level Stray Vacancy Round is from 22.11.2023 to 27.11.2023. Thus, in view of the Note mentioned in bottom of the Communication dated 13.11.2023 (Annexure-6), it is apparent that the petitioner-candidates who were having eligibility were required to register themselves as per the Schedule i.e. 16.11.2023 to 19.11.2023. The Schedule from 22.11.2023 to 27.11.2023 was limited to the Institute level Stray Vacancy Round for the Deemed Universities and not for Registration and Payment of Fees and the Choice of Filling the college/university. Thus, the submission of learned counsel for the petitioner that as per the Schedule laid down vide Communication dated 13.11.2023 (Annexure-6), the petitioner-candidates were required to get themselves registered, pay the fee and fill the choice of the Institute/University from 22.11.2023 to 27.11.2023 is having no force as these dates were for the purpose of Counseling and Reporting to Deemed Universities. The relevant portion of Annex.6 (Note) is reproduced as under: “The eligible candidates who wish to participate in the Institute-level Stray Vacancy Round conducted by the Deemed Universities can also register in the AACCC Portal. Already registered candidates who want to participate in the Institute-level Stray Vacancy Round conducted by the Deemed Universities can avail of the registration unlocking facility on the portal and select “Deemed Universities” as a type of counseling. Revised Schedule for Institute-level Stray Vacancy Round of Deemed university is from 22.11.2023 to 27.11.2023.” 13. Further, upon perusal of Notice dated 21.11.2023 (Annex.12) it is seen that directions were given to all the candidates who wish to participate in Stray Vacancy Round conducted by Deemed Universities at Institute-level that the registered eligible students who wish to participate in Stray Vacancy Round conducted by Deemed Universities were requested to contact the respective Deemed university for admission to AIQ-UG seats under Ayurved, Unani and Homeopathy stream. It was further mentioned in the Notice that the revised Schedule for Stray Vacancy Round conducted by Deemed Universities was from 10:00 AM of 22.11.2023 to 05:00 PM 27.11.2023. This Notice further reflects that the candidates interested in taking admission in the Deemed Universities were required to get themselves registered from 16.11.2023 to 19.11.2023 and the Deemed university was required to conduct the Counseling and Reporting of the registered candidates from 22.11.2023 to 27.11.2023. It is also important to note that alongwith this Notice the list of registered eligible candidates after Special Stray Vacancy Round conducted by Deemed Universities at Institute-level was also attached for the reference of the concerned Deemed university. Thus, there is no iota of doubt that the candidates were required to get themselves registered from 16.11.2023 to 19.11.2023. The notice dated 21.11.2023 (Annex.12) reads as under: “Ref. AA-11013/1/2023-EP-I Dated: 21.11.2023 NOTICE Kind Attention: All candidates who wish to participate in Stray Vacancy Round conducted by Deemed Universities at Institute level. In continuation to previous notice dated 08.11.2023, it is state that AACCC, M/o Ayush forwarded the seat matrix of the AU & H Deemed Universities and the list of registered eligible candidates after special Stray Vacancy Round to respective Deemed Universities. Further, registered eligible candidates who wish to participate in Stray Vacancy Round conducted by Deemed Universities are requested to contact the respective Deemed University for admission to AIQUG seats under Ayurveda, Unani and Homeopathy stream. Further, registered eligible candidates who wish to participate in Stray Vacancy Round conducted by Deemed Universities are requested to contact the respective Deemed University for admission to AIQUG seats under Ayurveda, Unani and Homeopathy stream. The revised Schedule for Stray Vacancy Round conducted by Deemed Universities is from 10:00 AM of 22.11.2032 to 05:00 Pm 27.11.2023. The seat matrix of the AU & H Deemed Universities and the list of registered eligible candidates after special Stray Vacancy Round is attached herewith for your ready reference.” This fact also cannot be ignored that the candidates who had opted for the other 17 Deemed Universities got themselves registered from 16.11.2023 to 19.11.2023 and thereafter the 17 Deemed Universities had conducted the Counseling and Reporting as per Schedule given in the Communication dated 13.11.2023 (Annexure-6) and such candidates were accordingly given admission in the respective Deemed Universities. 14. The writ petitions are having no force and are accordingly dismissed. Stay petition as well as all other pending applications, if any, also stand dismissed.