Hon'ble Ravi Nath Tilhari,J.
The respondent No.6 (Dr. Vijay Ayurvedic Medical College, Hospital and Research Centre, Varanasi), (for short respondent college) was not there in the list of approved colleges uploaded by the Ministry of Ayush for admissions in B.A.M.S.(U.G.) course for the academic year 2018-19 on ground of certain short coming in the infrastructure with reference to which a show cause notice dated 22.08.2018 had been issued to the respondent college. Aggrieved therewith, the respondent college filed writ petition in the High Court of Delhi at New Delhi in which, on 29.10.2018, an interim order was passed, thereby providing that the petitioner college be uploaded on respondents Portal and also on the portals www.dirayushupneet.com and www.ayush.gov.in. The interim order clarified that it shall not create any equity in favour of petitioner and would not be treated as a precedent.
Pursuant to the above interim order, which was followed by another order dated 14.11.2018, the petitioners who had participated in the counseling conducted by the respondent no.4 [Director Ayurvedic (Syllabus and Evaluation), U.P., Lucknow] were allotted the respondent college by the 4th respondent.
The grievance of the petitioners is that the respondent college has not been allowed to conduct the examination for the academic year 2018-19 on account of the matter pending in the Delhi High Court, as a result, the petitioners who have taken admission in the college on the basis of centralized counseling, for no fault of theirs, are suffering. Hence, the prayer of the petitioners is to command the 5th respondent, i.e. Mahatma Gandi Kashi Vidyapeeth University, Varanasi, to which the said college is affiliated, to conduct examination for the petitioners, for the Ist semester of B.A.M.S. Course and to declare their results.
Ms. Gunjan Jadwani, learned counsel, who has appeared for the 6th respondent i.e. the Dr. Vijay Ayurvedic Medical College, Hospital and Research Centre, Varanasi, has informed the Court that the college itself has moved an application before the Delhi High Court, in the pending matter, to allow it to hold examinations for the students admitted by it. According to her, the said application is likely to come up before Delhi High Court on 03.02.2021.
Sri Radha Kant Ojha, learned Senior Counsel, who appears for the petitioners has informed the Court that in a similar kind of a situation the affected students have filed Writ C No.15220 of 2020 in this Court which was disposed of vide order dated 08.10.2020 by a Division Bench of the Court requiring the State respondents to take a sympathetic view of the matter to ensure that the petitioners/students do not suffer for no fault of theirs as they were allotted college by the State Government.
Sri Radha Kant Ojha, learned Senior Counsel is, however, not aware as to whether the State Government which was required to give a sympathetic consideration, pursuant to the order dated 08.10.2020 passed by this Court in Writ C No.15220 of 2020, has passed any order allowing the students to appear in the examination whether from another college or not.
Keeping in mind that the application of the 6th respondent is likely to come up before the Delhi High Court on 03.02.2021 and that the order passed by the State Government pursuant to the order dated 08.10.2020 passed by this Court in Writ C No.15220 of 2020 is not on record, we deem it appropriate to direct that the matter shall be put up on 15.02.2021.
On the next date, the counsel for the parties shall inform the Court with regard to the status of the application moved before the Delhi High Court and shall file an affidavit with regard to the decision, if any, taken by the State Government pursuant to the order dated 08.10.2020 passed by this Court in Writ C No.15220 of 2020.
It is expected that the learned standing counsel shall also seek instructions with regard to the order passed by the State Government pursuant to the order dated 08.10.2020 passed by this Court in Writ C No.15220 of 2020.
Order Date :- 1.2.2021 VKG