Allowed

Madan Mohan Malviya Govt. Ayurved College v. Dr. Sandeep Kumar

Rajasthan HC4 Jul 2022SAW/439/2022

Case brief

AI extract

What is this about?

High Court allowed appeals by Konkani College appealing Single Bench orders directing admission of medical candidates in PG Ayurveda course. Court held lower court ignored mandatory guidelines requiring vacant seats to be filled by waiting list upgradation, violating Articles 14 and 16.

What did the court decide?

Impugned orders of the Single Bench directing admission to petitioners in PG Course were reversed and the appeals allowed.

Madan Mohan Malviya Govt. Ayurved College Vs Dr… — Education and Admissions | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 389/2022

¶3

Madan Mohan Malviya Govt. Ayurved College, Udaipur Through Its Principal

----Appellant

Versus

Dr. Krishan Choudhary S/o Raja Ram, Aged About 29 Years, Ro Village Birtoli, Post Sorkhakalan, Tehsil Mundawar, District Alwar, Presently Residing At Near Bhati Circle, Ratanada, Jodhpur (Rajasthan)

¶10

Ug/pg Ayush Counselling Board, 112 113, Administrative Block, Dr. Sarvapalli Radha Krishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Chairman

¶11

University Of College Of Ayurveda, Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Principal

¶12

----Respondents

¶13

Connected With

¶14

D.B. Spl. Appl. Writ No. 439/2022

¶15

Madan Mohan Malviya Govt. Ayurved College, Udaipur Through Its Principal

¶16

----Appellant

¶17

Versus

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Dr. Sandeep Kumar S/o Shri Mishri Lal, Resident Of Vpo Devota, Tehsil Kotputli, District Jaipur, (Rajasthan).

¶19

Ug/pg Ayush Counselling Board, 112-113, Administrative Block, Dr. S R K Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Chairman

¶20

Dr Sarvapalli Radha Krishan Rajasthan Ayurved University, Through Its Registrar, Nagaur Road, Karwar, Jodhpur, Rajasthan

¶21

University Of College Of Ayurveda, Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Principal

¶22

----Respondents

¶23

D.B. Spl. Appl. Writ No. 440/2022

¶24

(2 of 6)

¶25

[SAW-389/2022]

¶26

Madan Mohan Malviya Govt. Ayurved College, Udaipur Through Its Principal.

¶27

----Appellant

¶28

Versus

¶29

Dr. Krishan Choudhary S/o Shri Raja Ram, Ro Village Birtoli, Post Sorkhakalan, Tehsil Mundawar, District Alwar, Presently Residing Near Bhati Circle, Ratanada, Jodhpur, Rajasthan

¶30

Dr. Sandeep Kumar S/o Shri Mishri Lal, Resident Of Vpo Devota, Tehsil Kotputli, District Jaipur, Rajasthan

¶31

Dr. Sandeep Kumar S/o Shri Mishri Lal, Resident Of Vpo Devota, Tehsil Kotputli, District Jaipur, Rajasthan 3. Ug/pg Ayush Counselling Board, 112 113, Administrative Block, Dr Srk Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Chairman 4. Dr Sarvapalli Radha Krishnan Rajasthan Ayurved University, Through Its Registrar, Nagaur Road, Karwar, Jodhpur, Rajasthan

¶32

University Of College Of Ayurveda, Dr Sarvapalli Radhakrishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Principal

¶33

----Respondents

¶34

D.B. Spl. Appl. Writ No. 512/2022

¶35

Madan Mohan Malviya Govt. Ayurved College, Udaipur Through Its Principal.

¶36

----Appellant

¶37

Versus

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Dr. Gopal Choudhary S/o Ganga Ram Choudhary, R/o Ward No. 57, Saran Nagar,jodhpur Raj

¶39

State Of Rajasthan, Through Its Secretary, Ayurved And Indian Medicine Department, Government Of Rajasthan, Secretariat, Jaipur

¶40

Ug/pg Ayush Counselling Board, 112 113, Administrative Block, Dr. S R K Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Chairman

¶41

Dr. Sarvapalli Radha Krishnan Rajasthan Ayurved University, Through Its Registrar, Nagaur Road, Karwar, Jodhpur Rajasthan

¶42

University Of College Of Ayurveda, Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, Nagaur Road, Karwar, Jodhpur, Rajasthan Through Its Principal

(3 of 6)

[SAW-389/2022]

----Respondents

For Appellant(s) : Mr. Salman Agha, for Mr. Anil Kumar Gaur, AAG For Respondent(s) : Mr. Yashpal Khileree Mr. Sandeep Bhandawat

¶47

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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04/07/2022

¶50

The instant bunch of appeals involving common questions of facts and law. The appellant seeks to assail the orders passed by the learned Single Bench of this court accepting the writ petitions preferred by the respondents herein and directing the appellant (respondent in the writ petition to afford admission to the respective petitioners in the PG Course of Ayurveda pursuant to the All India Ayush Post Graduate Entrance Test for academic session 2020-21.

¶51

The details of the Writ Petitions and the orders passed

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by the learned Single Bench are mentioned below in a tabular

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form :-

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S.	D.B. S.A.W. No.	S.B.C.W.P. No.	Date of impugned
No.			order
1.	389/2022	17713/2021	20.12.2021
2.	439/2022	17819/2021	20.12.2021
3.	440/2022	1789/2022	05.02.2022
4.	512/2022	2391/2022	15.02.2022

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Learned counsel Mr. Salman Agha, representing the appellant (respondent before the learned Single Bench) urged that the direction given by the learned Single Bench to afford admission to the writ petitioners in the PG Course is contrary to

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(4 of 6)

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[SAW-389/2022]

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the Rules and Regulations for Counselling applicable to the academic session in question as issued by the parent body, i.e. Dr. Sarvapalli Radha Krishan Rajasthan Ayurved University. He referred to the counselling procedure as stipulated in Clause 4(D) (v) of the guidelines, which reads as below, and urged that if at all, after repeated sessions of counselling, any vacant seats arise

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due to any reason, such vacancies are required to be filled up by upgradation on the basis of reservations and merit-cumpreference list from the candidates in the waiting.

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“ D. Counselling Procedure:

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i. Admission will be subject to the rules & regulation of the respective institutes.

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ii. Counselling Board reserves the right to correct any inadvertent error in any merit list and also in the prospectus.

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iii. The Counselling Board shall conduct counselling of the candidates and allot the institute/college and Subjects taking into an account the scheme of distribution of reserved seats, merit lists of respective categories, the order of the merit of AIAPGET 2020, preference and availability of seats.

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iv. The right of admission of any candidate who does not complete the prescribed internship by 31 December 2020 or as decided by the Ministry of AYUSH, Government of India will automatically stand cancelled.

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v. Vacant seats arising due to any reason shall be filled by up-gradation on the basis of Reservations and Meritcum-Preference List from the candidates in the Waiting.

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(5 of 6)

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[SAW-389/2022]

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vi. No TA/D.A. will be paid to the candidates for appearing in the Counselling.”

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He urged that the direction to afford admission to the writ petitioners in the PG Course is contrary to the mandate of the guidelines and it would result into denial of opportunity to the candidates who are entitled to seek admission on the basis of reservation and merit and hence, the impugned orders are violative of the right to equal opportunity enshrined in Articles 14 & 16 of the Constitution of India. He, thus, urged that the impugned orders, which have been passed in total ignorance of the guidelines should be reversed.

¶70

Per contra, learned counsel Mr. Yashpal Khileree, representing the respondents-writ petitioners, urged that the order passed by the learned Single Bench is based on equity. No other candidate apart from the petitioners was desirous of seeking admission. He submitted that the court was of the view that the interest of justice would be better served by giving admission to the respective writ petitioners in the PG Course because keeping seats vacant would not serve any cause and would tantamount to wastage of resources. He, thus, submitted that no interference is called for in the impugned orders and sought dismissal of the appeals.

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We have given our thoughtful consideration to the submissions advanced at bar and have gone through the impugned orders passed by the learned Single Bench.

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The undisputed factual scenario as emanating from the material available on record is that the respondent writ petitioners were unsuccessful in securing admission to the PG Course after

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(6 of 6)

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[SAW-389/2022]

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two rounds of regular counselling, two mop-up rounds and one stray vacancy round presumably because they did not stand in merit. There is no doubt that the procedure of admission is governed by the guidelines issued by Dr. Sarvapalli Radha Krishan Rajasthan Ayurved University. Clause 4(D) of the guidelines reproduced supra makes it clear that seats falling vacant for any reason after counselling rounds have been completed would have to be filled up by upgradation after accounting for reservations and merit-cum-preference list from amongst the candidates in waiting. While passing the impugned orders, the learned Single Bench seems not to have been apprised of this mandatory procedure applicable for filling the vacant seats and thus, the direction given to afford admission to the writ petitioners virtually amounts to granting relief to the candidates, who approached the court while ignoring the lawful process of admission as stipulated in the mandatory guidelines. The direction so given is in clear violation of the mandate of Articles 14 & 16 of the Constitution of India.

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As a consequence, the impugned orders being totally de hors the guidelines referred to supra , are invalid and cannot be sustained and hence, the same are reversed. The appeals are allowed in these terms.

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(KULDEEP MATHUR),J

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(SANDEEP MEHTA),J

¶79

44-Pramod/-

Madan Mohan Malviya Govt. Ayurved College v. Dr. Sandeep Kumar

Case brief

What is this about?

What did the court decide?

Madan Mohan Malviya Govt. Ayurved College v. Dr. Sandeep Kumar

Case brief

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