High Court of Punjab and Haryana dismissed a writ petition filed by BAMS students seeking to complete their course. The petitioners requested withdrawal of the petition to approach the Supreme Court regarding a dispute over college affiliation and admission permissions.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.11109 of 2014 Date of decision: 06.06.2014
Tushar Kashyap and another
..... Petitioners
Versus
U. T. Chandigarh Administration and others
..... Respondents
Present: Mr. Amit Chaudhary, Advocate for the petitioners.
Mr. Daman Dhir, Advocate for respondents No.1 & 3.
Mr. Arun K. Bakshi, Advocate for respondent No.2.
Mr. Sandeep Kumar, Advocate for Mr. Ramanjit Singh, Advocate for respondent No.4.
S.S. SARON, J.
The petitioners have filed this petition for directing respondents No.1 to 3 to allow them to complete their Bachelor of Ayurvedic Medicine Science (BAMS – for short) Course in terms of Regulation 8.4 of the University Grants Commission (Affiliation of Colleges by Universities), Regulations, 2009 as circulated vide letter dated 29.04.2010 (Annexure P-13). The petitioners are students of BAMS of Shri Dhanwantry Ayurvedic College and Hospital, Sector 46-B, Chandigarh.
There is a dispute regarding affiliation of the college
Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh
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CWP No.11109 of 2014
between the college and Panjab University, Chandigarh as also Government of India, Department of Ayush. The Ayush is stated to have passed an order dated 16.07.2012 wherein the respondent-college, it is stated was informed that they have no permission to admit fresh students for the year 2012-2013. Before that the Panjab University , Chandigarh is also stated to have issued a show cause notice dated 20.04.2012 asking respondent No.4-college not to admit the students.
According to the petitioners, a Letters Patent Bench of this Court in LPA No.1959 of 2012 decided on 03.12.2012 (Annexure P-4) had for the Session 2012-13 directed the respondents in the LPA to grant permission to the respondent No.4-College herein to admit fresh batch of students according to its sanctioned intake of entry level for the Session 2012-13 in the BAMS course in accordance with the recommendations of the Central Council of Indian Medicines (CCIM) in its report dated 11.4.2012 and subject to the curable and remediable deficiencies albeit minor in nature pointed out therein which the respondent No.4-College was to remove immediately. The admissions that were to follow it was observed would be needless to add, were to be routed exclusively through the process of counselling conducted by the respondent University and based purely on the prescribed rule of merit with a view to allocate a fresh batch of students to respondent No.4-College
Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh
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CWP No.11109 of 2014
without loss of further precious time.
The said order dated 03.12.2012 passed in LPA No.1959 of 2012 has been stated by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) (cc 12699/2013) vide order dated 26.07.2013.
In the circumstances, learned counsel for the petitioner prays that he may be allowed to withdraw the writ petition so as to approach the Hon'ble Supreme Court for seeking remedy to permit the petitioners to appear in the examinations that are to be conducted.
The writ petition is accordingly dismissed as withdrawn.
(S.S. SARON) JUDGE
06.06.2014 A.Kaundal
Amit Kaundal 2014.06.07 12:11 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether to allow the petitioner to withdraw the writ petition to approach the Supreme Court for relief regarding examination admissions.
Tushar Kashyap
U. T. Chandigarh Administration
S.S. Saron
As recorded by the court registry
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