Bakson Homeopathic Medical College and Hospital Vs Prof. Dr… — Contempt of Court | Delhi HC (2025)

Bakson Homeopathic Medical College and Hospital Vs Prof. Dr… — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of as satisfied, without prejudice to the rights and contentions of the parties herein.

Issue for consideration

Whether the students who appeared in the NEET Examination and were admitted in the Homeopathy course by virtue of the interim order passed by this Court have been permitted to continue their studies and appear in their examinations (i.e., compliance/satisfaction of the Court's earlier directions).

Court's answer

In view of the submissions made, the present petition is disposed of as satisfied, without prejudice to the rights and contentions of the parties.

Ratio / Principle

Since the category of students admitted pursuant to the interim order are pursuing their studies, they would in all probability be allowed to pursue the courses till the final semester, subject to such directions as may be passed by the Supreme Court.

Detailed headnote1 paragraphs

Delhi High Court (Dharmesh Sharma, J.), 07.03.2025 — Contempt petitions CONT.CAS(C) 883/2023 (Naminath Homeopathic Medical College Hospital and Research Centre) and CONT.CAS(C) 887/2023 (Bakson Homeopathic Medical College and Hospital) v. Prof. Dr. A.K. Singh & Ors. The Court reproduced the operative portion of its order dated 20.04.2023 in W.P. (C) 451/2022 and connected matters, under which students who appeared in NEET and were admitted in Homeopathy courses by virtue of the Court's interim order were to be permitted to continue their course even without minimum NEET qualifying marks; affiliated Universities were directed to let them sit examinations; non-NEET-takers admitted via the interim order were left to seek recourse before the Apex Court, with the interim order dated 25.02.2022 extended till 15.08.2023 for that purpose. Counsel for the petitioners submitted that the NEET-appeared student category had joined the Homeopathy course and, on completion of semesters, been allowed to appear in examinations. Observing that such students would in all probability pursue the courses to the final semester subject to directions of the Supreme Court, the Judge disposed of the petitions as satisfied without prejudice to the rights and contentions of the parties.

$~25 & 26

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 883/2023

NAMINATH HOMEOPATHIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE .....Petitioner Through: Mr. Animesh Kumar, Mr. Nishant Kumar, Dr. Sumit Kumar, Advocate and Mr. Shikhar Khanna, Advocates.

versus

PROF. DR. A.K.SINGH & ORS. .....Respondents Through: Mr Sarwan Kumar, Advocate with Mr. Satyam Singh, Advocates for UOI.

- CONT.CAS(C) 887/2023

BAKSON HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL .....Petitioner Through: Mr. Animesh Kumar, Mr. Nishant Kumar, Dr. Sumit Kumar, Advocate and Mr. Shikhar Khanna, Advocates.

versus

PROF. DR. A.K.SINGH & ORS. .....Respondents Through: Mr Sarwan Kumar, Advocate with Mr. Satyam Singh, Advocates for UOI.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R % 07.03.2025

Having heard the learned counsel for the parties and on perusal of the record, it would be expedient to reproduce the relevant operative portion of the order dated 20.04.2023 passed by this Court in W.P. (C) 451/2022 and connected matters, which is reproduced as

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:50:00

under:-

“Those students who have appeared in NEET Examination and were admitted in Homeopathy course by virtue of interim order passed by this Court should be permitted to continue with their course even if they have not obtained the minimum qualifying marks in NEET Examination and the Universities to which the institutions running Homeopathy courses are affiliated to are directed to permit the students to sit in the examination and complete their course. Those students who have not taken the NEET Examination but were permitted to secure admission pursuant to the interim order of this Court are granted liberty to approach the Apex Court by filing appropriate applications in the matters pending before the Apex Court dealing with this issue. The interim order dated 25.02.2022 is extended till 15.08.2023 to enable the students to approach the Apex Court for getting an order in their favour.”

It is submitted by learned counsel for the petitioner that the present petition is concerned with those students who appeared in the NEET Examination and were admitted in the Homeopathy course by virtue of the interim order passed by this Court. It is acknowledged that the said category of students have since joined the Homeopathy course and on completion of their semesters, have also been allowed to appear in the Examination.

It is but apparent that since the aforesaid category of students are pursuing their studies, they would in all probability be allowed to pursue the said courses till its final semester subject to such directions as may be passed by the Supreme Court.

In view of the aforesaid submissions, the present petition is disposed of as satisfied without prejudice to the rights and contentions of the parties herein.

DHARMESH SHARMA, J.

MARCH 7, 2025/ pkv

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:50:00