JUDGMENT : SUNITA AGARWAL, J. 1. Heard learned counsels for the parties and perused the record. 2. Two appeals have been filed by the Admission Committee for Professional Post Medical Education Courses [ACPPMEC] challenging the common judgment and order dated 26.2.2024 passed by the learned Single Judge in deciding two writ petitions namely, Special Civil Application No.21658 of 2023 along with Special Civil Application No.432 of 2024. 3. Both the writ petitions had been filed by the prospective candidates who were seeking admission in Post Graduate Ayurveda/Homeopathy Courses. As per the instructions issued by the National Commission of Indian System of Medicine [NCISM] and National Commission of Homeopathy [NCH], New Delhi, the time table/schedule for Central/State/UT counseling has been provided wherein cut-off date for admission to ASU and Homeopathy Post Graduate Course for the academic year 2023-24 has been mentioned as 16.12.2023. As per the schedule provided in the Notification issued by the National Commission for Homeopathy, three rounds of counseling were provided to complete the process. The counseling process in the last round, i.e. stray vacancy round was to be completed for the States from 7.12.2023 to 16.12.2023 and the last date of joining in the stray vacancy round has been clearly mentioned in the schedule as 16.12.2023. The time table/schedule given by the NCISM/NCH also provided that the cut-off date and time for uploading the admitted students’ data by the institutions on NCISM/NCH portal was 16.12.2023 before 6:00 p.m. The guidelines further contains the following instructions:- “19. There shall not be any offline admission or admission without counseling (Central/State/UT), and any admissions in contravention of this shall not be approved. 20. Admission made in violation of the Central Government/NCISM/NCH directives will be treated as invalid, and action will be initiated under the NCISM Act, 2020/NCH Act, 2020. 22. Admission shall not be approved, by any means, after the cut-off date and time for admission as specified by NCISM/NCH. 23. No authority has the power to extend or modify the cut-off date of admission specified by NCISM/NCH, and such admissions shall not be approved.” 4. 22. Admission shall not be approved, by any means, after the cut-off date and time for admission as specified by NCISM/NCH. 23. No authority has the power to extend or modify the cut-off date of admission specified by NCISM/NCH, and such admissions shall not be approved.” 4. It seems that during the continuation of the admission process, a writ petition namely, Special Civil Application No.19497 of 2023 was filed by the Association of Ayurved and Homeopathy Institutions of State of Gujarat namely, Aarogyam Association of Regional Ayush Colleges with the assertion that the guidelines provided by NCISM/NCH do not contain the provision for offline admission without counseling as per the Rule 15 of the Gujarat Professional Post-Graduate Ayurved and Homeopathy Medical Educational Courses (Regulation of Admission) Rules, 2018 [“Rules of 2018” for short]. It was asserted that as per Rule 15 of the Rules of 2018, the modality of filling up of the vacant seats which occurred after the completion of admission process and exhaustion of merit list of eligibility candidates as per the admission rules has not been worked out. The resultant vacancies are to be fulfilled from the candidates who have applied to the Admission Committee and qualify as per the AIA-PGET criteria, but not included in the merit list of the Admission Committee because of not fulfilling the other criteria as per the rules. 5. It was asserted that Rule 15 of the Rules of 2018 envisages that after completion of the process of admission, if any seats are still remain vacant, then such vacant seats shall be displayed on the official website and on the notice board of the office of the Admission Committee and the colleges shall be at liberty to fill up the seats as per the criteria laid down by the Government of India, NCISM and NCH for the respective year from the merit list of AIA-PGET of the current year by non-admitted students. 6. In the wake of this contention of the Association of the colleges, the Writ Court has opined that there is an apparent lacuna in the guidelines issued by the NCISM/NCH. The guidelines envisaged that there shall be admissions in online mode only. 6. In the wake of this contention of the Association of the colleges, the Writ Court has opined that there is an apparent lacuna in the guidelines issued by the NCISM/NCH. The guidelines envisaged that there shall be admissions in online mode only. On the other hand, the State Admission Rules, more particularly Rule 15 prescribes an offline mode after the merit list of candidates and the list of candidates who qualify as per AIA-PGET and have applied but their candidature having been rejected on account of non-fulfillment of some provision of the State Admission Rules, is exhausted. It was opined that the offline mode envisaged filling up of vacancies by the Institutions, which occur after the above round is over, through candidates who are eligible as per the AIA-PGET, but have hitherto not applied to the Admission Committee. The Writ Court has also noted that such a mode fulfills the need of the institutions to fill up their vacant seats and simultaneously, an eligible candidate not having applied gets a chance to seek admission. 7. In the above scenario, while exercising extraordinary powers under Article 226 of the Constitution of India, the Writ Court has proceeded to issue following directions with the observations as under:- “13 ….Thus, in this extraordinary situation, more particularly to ensure that there is an attempt by all the concerned to ensure that eligible students are offered admissions in the vacant seats and the entire exercise is completed before 16.12.2023 at 6:00 p.m., the following directions are issued. (i) The respondent No.1 - Admission Committee to forthwith i.e. by tomorrow i.e. 14.12.2023 issue a notice on their website and issue a public advertisement in a national newspaper of repute as regards there being 212 vacancies in the MD/MS Ayurved and Homeopathy Course conducted in various colleges of the State of Gujarat. (ii) The advertisement shall call for applications from candidates who have qualified as per AIA-PGET criteria who have hereinbefore not applied to the Admission Committee for admission to PG Courses. (iii) The Admission Committee shall be at liberty to specify the modality of admission to ensure that eligible candidates are offered admission and the entire admission process is completed by 6:00 p.m. on 16.12.2023. The modality shall be preferably specified in the advertisement. (iii) The Admission Committee shall be at liberty to specify the modality of admission to ensure that eligible candidates are offered admission and the entire admission process is completed by 6:00 p.m. on 16.12.2023. The modality shall be preferably specified in the advertisement. (iv) The petitioner-Association may take upon itself to publish the advertisement on behalf of the Admission Committee in national newspaper for tomorrow. (v) Considering the extraordinary situation, more particularly since the learned counsel for the Admission Committee is present before this Court, the Admission Committee is directed through the learned counsel to start appropriate process for compliance of this order even without a copy of this order is received by the Admission Committee. 8. With the above noted observations of the Writ Court, it may further be recorded that the said decision was taken by the Writ Court as stated in para ‘(v)’ of the aforesaid decision in the peculiar facts of the case with the idea that the Central Government shall consider making appropriate modification in their guidelines to ensure that the lacuna as noted therein is taken care of for the next academic year. 9. Consequent to the said decision dated 13.12.2023, the Admission Committee has issued a notice by way of an advertisement on 14.12.2024 giving the details pertaining to Online PIN Purchase, Registration, Choice Filling, Allotment & Reporting for Vacant Seats for MD/MS (Ayurveda) and MD (Homeopathy). The copy of the said admission notice is appended at page ‘174’ of the paper book, which clearly indicates that the schedule as directed by the learned Single Judge has been adhered to by the Admission Committee by providing that the admission process was required to be completed by 16.12.2023 and the details of admitted candidates was to be uploaded by 6:00 p.m. on 16.12.2023. 10. Taking note of the contents of the Notice appended at page ‘174’ of the paper book, we find that the directions contained in the judgment and order dated 13.12.2023 of the Writ Court, extracted hereinabove, have been complied with in its true letter and spirit. 11. The writ petitions out of which the instant appeals have arisen came to be filed in the month of December-2023 and January-2024, after the cut-off date i.e. 16.12.2023 with the relief that the petitioners therein shall be permitted to confirm their allotted seats by completing the formalities for admission. 11. The writ petitions out of which the instant appeals have arisen came to be filed in the month of December-2023 and January-2024, after the cut-off date i.e. 16.12.2023 with the relief that the petitioners therein shall be permitted to confirm their allotted seats by completing the formalities for admission. The writ petition namely, Special Civil Application No.21658 of 2023 was filed by 14 candidates who have given the description in para ‘12’ in a table as to the reasons for not confirming of their admissions. Out of 14, only 7 petitioners contested their claims whereas rest had withdrawn as noted in the order impugned. Out of 7 petitioners who had contested the matter, claim of 4 petitioners find favour in the order impugned. The details of 4 petitioners can be found in the table extracted in para ‘12’ of the writ petition at Item Nos.1 to 4 and the reasons for not confirming of their admissions may be extracted from the table itself: Table 3: Reasons for non-confirmation of admissions of Petitioners mentioned in Table No.2 Pet. No. Name Reason for non-confirmation of Admission 1. Suyesh Krishali The Respondent Committee refused to accept a Demand Draft despite the fact that the same was a permissible mode of payment. 2. Khushal Choudhary Though the amount of fees was debited from the account of the Petitioner, the same was not credited to the account of the Respondent Committee due to banking error. 3. Pratika Parakhe Was unable to complete the payment of fees due to network issues. 4. Amar Nath Was unable to complete the payment of fees due to network issues. 12. In the connected writ petition, namely, Special Civil Application No.432 of 2024, there was one petitioner who claims that he was allotted admission in the institution impleaded as respondent No.3 therein and had completed all necessary formalities including payment of fee, but he could not report at the Help Centre between 2:00 to 3:00 p.m. on 16.12.2023 as he was informed by the institute at a very short notice and since he belongs to Nagpur, it was not possible for him to report at Vadodara, Gujarat, though he had arranged for a friend to report on behalf of him for verification of the documents. It is also noted by the learned Single Judge in para ‘21’ of the order impugned that the petitioner could not provide the PIN Number which was necessary for login for confirmation of admission and as such the person reported on his behalf could not be permitted to complete the admission process. 13. It seems that the reasons given by the petitioners (total 5 in number) who have been granted indulgence by the learned Single Judge by permitting them to complete the admission process could not demonstrate any fault on the part of the Admission Committee and it is noted by the learned Single Judge that no fault can be attributed to the authorities for non- grant of admission to the petitioners. No fault in the admission process conducted by the Admission Committee, however, could be found by the learned Single Judge. Inspite of that indulgence has been granted to the petitioners (5 in number) noticing that inspite of the instructions given by the Admission Committee and that the schedule relating to admission to professional colleges is required to be strictly and scrupulously adhered to, no fault is attributed to the petitioners herein who could not complete the admission process for no fault on their part. The learned Single Judge has proceeded to treat the situation brought before him as exceptional situation, seems to have been arisen on account of non-fulfillment of the admission formalities and thus, proceeded to issue directions to the Admission Committee to confirm the admission of 5 petitioners herein within a period of one week, by permitting them to complete the requisite formalities within the time limit granted by the Admission Committee. 14. Ms. Manisha Lavkumar Shah, the learned Senior Counsel appearing for the Admission Committee/appellant herein would vehemently submit that the admission process by issuance of notice to permit the institutions to take admissions was initiated pursuant to the directions contained in the judgment and order dated 13.12.2023 wherein the Writ Court did not extend the date and time of completion of the admission process. Only liberty was granted to the candidates to apply against the vacant seats which were found to be 212 in number in MD/MS (Ayurveda) and in Homeopathy colleges in various colleges of the State of Gujarat. Only liberty was granted to the candidates to apply against the vacant seats which were found to be 212 in number in MD/MS (Ayurveda) and in Homeopathy colleges in various colleges of the State of Gujarat. The Admission Committee scrupulously followed the procedure and as many as 73 candidates in District Vadodara had completed the admission process on or before the cut-off date i.e. 16.12.2023 by 6:00 p.m. The reasons given by the petitioners (5 in number) which were in the nature of excuse about the mistake in the Demand Draft or Network error could not be reasons to treat them as extraordinary circumstances. In any case, the admission process was brought to its logical conclusion on the date fixed by the NCISM/NCH as also the order passed by the Writ Court in the judgment and order dated 13.12.2023. 15. Mr. Harsh H. Parekh, the learned counsel for the respondent candidates, however, defends the order impugned with the assertion that all five petitioners who have been granted indulgence by the learned Single Judge are those who have been allotted seats in respective institutions. The only formality remained of the completion of the admission process by deposit of fee or verification of the documents. The indulgence granted by the learned Single Judge need not be interfered with in view of the extraordinary circumstances of the instant case. 16. Having gone through exhaustively with the material on record, as noted hereinabove, suffice it to record that the admission process schedule of which has been provided in the directives issued by the NCISM/NCH was required to be strictly adhered to by the Admission Committee of the State. Even under the order dated 13.12.2023 passed by the Writ Court in view of Rule 15 of the Rules of 2018, there was no leverage for the Admission Committee to go beyond the cut-off date i.e. 16.12.2023. As noted hereinabove, no infirmity or mistake on the part of the Admission Committee could be found. As demonstrated before us, a categorical stand was taken by the Admission Committee in the affidavit filed before the learned Single Judge on 7.2.2024 that the ground of technical glitch is a vague assertion. Out of 98 allotments made in the City of Vadodara, as many as 73 candidates have confirmed their admission by following the same mode. As demonstrated before us, a categorical stand was taken by the Admission Committee in the affidavit filed before the learned Single Judge on 7.2.2024 that the ground of technical glitch is a vague assertion. Out of 98 allotments made in the City of Vadodara, as many as 73 candidates have confirmed their admission by following the same mode. The contention of the petitioners is that only one mode was available for completion of the admission process which has also been refuted by bringing the instructions for admission contained at page ‘193’ of the paper book which indicates that payment of tuition fee could be done by online payment or by cash or by Demand Draft which was to be prepared in favour of the Admission Committee “ACPUGMEC” payable at Gandhinagar at designated branches of Axis Bank approved by the Admission Committee. It is also pointed out that there was as many as six branches of Axis Bank in the Vadodara which were approved by the Admission Committee for completion of the admission process of payment of the tuition fee during the banking hours. 17. Looking to the stand of the Admission Committee which could not be successfully refuted by the petitioners herein when we have gone through the reasons given by the petitioners as extracted hereinabove, one of the petitioners stated that the Admission Committee refused to accept the Demand Draft despite the fact that it was permissible mode of payment. The said reason given by the candidate namely, Suyesh Krishali is not acceptable for the instructions contained at page ‘193’ as noted hereinabove. The second student namely, Khushal Choudhary has given an excuse that the amount of fee was debited, but the same was not credited to the account of the respondent Committee due to banking error and hence, his admission could not be completed. The second student namely, Khushal Choudhary has given an excuse that the amount of fee was debited, but the same was not credited to the account of the respondent Committee due to banking error and hence, his admission could not be completed. Taking note of the said assertion, as stated in the table extracted hereinabove, we have gone through the transaction made by the said student at page ‘58’ of the paper book which indicates that the date and time of the transaction is “16.12.2024 at 1:59 p.m.” whereas in the notice issued by the Admission Committee, the online payment or payment of fee at the designated branches of the Axis Bank was to be completed by “16.12.2023 at 1:00 p.m.” where after reporting at the Help Centre was required to be made on 16.12.2023 at 3:00 p.m. We may also take note of the Provisional Allotment Letter of the last round of the counseling that was round No.5 of Mr. Khushal Choudhary at page ‘51’ of the paper book which also records the date of payment of fee (1st Term) which was needed to be paid in designated branches of the Axis Bank upto 16.12.2023 at 1:00 noon. It seems that the said aspect of the matter from the record of the writ petition has not been brought to the notice of the learned Single Judge. 18. As regards the remaining two petitioners namely, Pratika Parakhe and Amar Nath, they have given an excuse that they could not complete the payment of fees due to network issue which cannot be admitted in view of the categorical assertion of the Admission Committee that out of 98 allotments made in the city of Vadodara, 73 had confirmed their seats with the same mode. With regard to the last (5th) student namely, Mahammad Altmas Rahis, it may be noted that the reasons given by the learned Single Judge in granting indulgence to the said petitioner cannot be accepted for the fact that the said student could not provide PIN number which was generated on 14.12.2023 as per the schedule given in the admission notice issued by the Admission Committee pursuant to the directions contained in the judgment and order dated 13.12.2023 passed by the Writ Court. 19. 19. From the above noted facts, it is more than evident that all the five petitioners, who have been granted indulgence by the learned Single Judge by issuing directions to the Admission Committee to permit them to complete the admission process, had failed to complete the process within time-line for the reasons best known to them. The observations made by the learned Single Judge that the situation brought by the candidates before this Court was extraordinary circumstances, is not acceptable on complete scrutiny of the material brought on record. We are, therefore, of the considered opinion that the learned Single Judge has erred in issuing directions to the Admission Committee for taking admission beyond the cut-off date i.e. 16.12.2023 at 6:00 p.m., for no fault of the Admission Committee. This type of directions are prone to open a Pandora box, which cannot be permitted in the case of the admission in professional courses wherein timeline provided by the regulatory body has to be strictly adhered to. 20. For the above, while setting aside the judgment and order dated 13.12.2023 in Special Civil Application No.21658 of 2023 along with Special Civil Application No.432 of 2024, both the appeals are allowed. Consequently, the writ petitions stand dismissed. Connected Civil Applications for stay stand disposed of, accordingly.