In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.12362/2010 Bharatiya Homeopathic Medical College & Hospital Vs. Central Council of Homeopathy & Ors. Date Of Order :: 21/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Shiv Charan Gupta, for petitioner. Mr. Akbar Khan on behalf of Mr. S.S. Raghav, for respondents-1&2.
None appeared for respondents-3to5 despite service.
Despite notices being served and respondents-1&2 duly represented by counsel he is unable to assist the Court and seeks time to file reply.
Counsel for the petitioner submits that petitioner institution is being recognized by Central Council of Homeopathy since academic session 2002-03 with an intake capacity of 40 students. He submits that for the first time the petitioner institution was communicated by Central Council of Homeopathy vide letter dt.21.7.2010 (Annx.1) whereby it was informed to the Rajasthan Ayurved University that Government of India has taken a decision vide letter dt.18.05.2010 not to allow and admit the students with immediate effect in the petitioner institution from the academic session 2010-11. Counsel further submits that copy of letter dt.18.05.2010 has been placed on record as Annx.2 and it does not disclose any kind of deficiency in the running of the petitioner institution which may dis-entitles to continue with the recognition by the CCH. At the same time, he further submits that a communication was made by Government of India, Ministry of Health & Family Welfare dt.08.09.2010 and along with the letter two inspection reports were enclosed and the Directorate of (AYUSH) Government of Rajasthan was asked to take comments from the college in regard to the deficiencies pointed out by the CCH and the State Government may also furnish the comments on the same after the receipt of the comments of the college and further action may be taken in accordance with law. Counsel submits that petitioner has submitted its comments within stipulated period but to the best of his knowledge no comments have been sent by the State Government and no decision has been taken on the basis of communication dt.08.09.2010 so far but because of the earlier letter sent by CCH dt.21.07.2010 the petitioner institution is not being permitted to participate in the process of counselliing for admission which has been initiated for admission to Part-1st BHMS Course. He further submits that second and the last counselling is taking place today and if the petitioner institution is not permitted to participate in the process of counselling for admission to the first BHMS Course against the intake capacity of 40 students duly sanctioned, great prejudice will be caused to the petitioner institution.
At the same time, those students who are already admitted in the preceding years, Rajasthan Ayurved University has also taken decision to transfer them to other recognized and approved institutions vide letter dt.29.07.2010. He further submits that if the petitioner institution is not able to participate in the counselling today due to paucity of time, the respondents may be directed to further hold the counselling specially for the petitioner if could not be completed today.
As observed supra, counsel for the respondent is unable to assist this Court and since the second counselling is taking place today, as informed, taking note thereof this Court considers it appropriate to direct the respondents to permit the petitioner institution also to participate in the process of counselling in regard to admission to 1st BHMS course 2010-11 against intake capacity of 40 students and if the petitioner could not participate in the counselling process held today for some reason, the respondents may hold counselling specially for the petitioner also. However, such admissions will be on provisional basis and in the meanwhile operation of order dated 29.07.2010 (Annx.13) of Rajasthan Ayurved University till further orders shall remain stayed.
(Ajay Rastogi),J.
VS Shekhawat /p.4/
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