Dr. Khalid Khan Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Ayush, Lucknow and 3 Others

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Neutral Citation No. - 2025:AHC-LKO:13716

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Court No. - 19

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Case :- WRIT - C No. - 9762 of 2024

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Petitioner :- Dr. Khalid Khan

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Ayush, Lucknow And 3 Others Counsel for Petitioner :- Adarsh Saxena,Rajat Rajan Singh Counsel for Respondent :- C.S.C.,A.S.G.I.,Umesh Singh

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Hon'ble Manish Mathur,J.

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Heard Mr. Rajat Rajan Singh, learned counsel for petitioner, learned State Counsel for opposite parties no. 1, 3 & 4 and Mr. Shashi Prakash Singh, learned Additional Solicitor General of India assisted by Mr. Umesh Singh, learned counsel for opposite party no.2.

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Earlier on 06.01.2025, the following order had been passed:-

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"1. Supplementary counter affidavit filed by opposite party no. 2 as well as rejoinder affidavit to the counter affidavit filed by opposite party no. 3 today are taken on record.

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2. Heard learned counsel for petitioner, learned State Counsel for opposite parties no. 1, 3 & 4, Mr. Shashi Prakash Singh, learned Additional Solicitor General of India assisted by Mr. Umesh Singh, learned counsel for opposite party no. 2.

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3. Petition has been challenging order dated 09.11.2024 whereby petitioner's selection and admission in the Tasreeh-UL-Badan Course in Unani Medicine for the Academic Year 2024-25 has been cancelled.

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4. It appears from the record that petitioner aforesaid admission has been cancelled primarily on the ground that he had earlier also participated in the couselling held by the Central Government for 15% quota of all India seats and was allotted the National Institute of Unani, Ghaziabad and was also subsequently allotted opposite party no. 4 institution at Lucknow but choose to seek admission at Lucknow in the State held counselling for 85% of the remaining seats, although he was required as per terms of brochure to join at the seat allocated in the Central counselling.

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5. It also appears from record that as per the brochure pertaining to AYUSH Admissions Central Counselling Committee for the Academic Year 2024-25, once a candidate is allotted a seat in the third round or stray vacancy round of the Central Government, the said person would not be allowed to exit from the admitted/allotted seats and in case a candidate does so, would not be eligible for any AYUSH-PG counselling of the Central/State/UT.

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6. Learned counsel for opposite party no. 2 has also adverted to the notice

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dated 17.08.2024 issued by the Central Government pertaining to AYUSH Admissions Central Counselling Committee which clearly indicates that candidates who wish to participate in round three need to make a calculative decision before participating because once they are allocated/upgraded a seat in round three of the central counselling, they must join the said institute and their seat allotted after round three result through any round of State/UT/ AYUSH Counselling, if any, would stand cancelled.

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7. It is admitted between the parties that the State counselling pertaining to petitioner was held on 21.10.2024 with Central result being held on 24.10.2024 and the State counselling result declared on 25.10.2024.

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8. In such circumstances, clearly the State Government counselling result has been declared subsequent to the result declared by Central counselling.

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9. In such circumstances, the note indicated in the order dated 17.10.2024 is clearly applicable upon petitioner due to which he was compulsorily bound to take admission in the seat allotted by the Central counselling result dated 25.10.2024.

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10. However, in view of the fact that despite such a situation, petitioner was admitted in the State College at Lucknow and earlier by means of order dated 26.11.2024, it has been provided by interim order of this Court that any seat filled in proposed round of counselling would be subject to outcome of the petition, learned State Counsel is granted time to seek instructions as to whether any vacant seat is available either in the college at Ghaziabad or under the State Government in the aforesaid subject on which petitioner can be adjusted.

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11. Such a direction is being issued only on the basis in view of the fact that it is not the case of opposite parties that petitioner is otherwise in illegible for admission on the said seat. Such a direction may also be construed as a one time measure and would not be treated as a precedent.

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12. List this case on 20.01.2025, as fresh."

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In pursuance thereof, instructions have been provided by learned counsel for opposite parties to the effect that as of now there are no vacant seats either in the Central Institute or the State Institute which were allocated to petitioner.

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Learned counsel for petitioner also upon instructions admits the same. On the basis of instructions he submits that petitioner would be participating in fresh round of admission process for said Course for the academic year 2025-26.

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He is, however, placed reliance on paragraph 1.11 (iii) of the brochure pertaining to U.P. AYUSH-P.G. Counselling 2024 for the Academic Session 2024-25 issued by State Government to submit that petitioner is entitled for a refund of counselling as well as tuition fee deposited by him.

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Learned counsel for opposite parties submit that liberty may be granted to authorities concerned to consider the said plea if raised by petitioner.

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A perusal of paragraph 1.11 (iii) indicates conditions under which the aforesaid fees can be refunded.

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In view thereof, liberty is granted to petitioner to file an appropriate application for refund of his tuition and counselling fee/security before the opposite party no. 3 i.e. Director General, AYUSH, Uttar Pradesh/Chairman, U.P. AYUSH P.G. Counselling Board, Lucknow or opposite party no.4 i.e. Principal/Superintendent, State Takmeel-Ut-Tib College & Hospital (STTC), Lucknow, whichever is competent to be decided within a period of two weeks from the date a certified copy of this order is produced before the said authority. In case a decision is taken in favour of petitioner, actual refund thereof shall be made within a period of three weeks thereafter.

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With aforesaid directions, petition stands disposed of.

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Order Date :- 6.3.2025 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Dr. Khalid Khan v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Ayush, Lucknow and 3 Others

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Dr. Khalid Khan v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Ayush, Lucknow and 3 Others

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