HC Granted Relief to Two Colleges to Participate in the Ongoing Counselling of Admission in Ayush

Shivang Homeopathic Medical College along with one more Ayurveda College of M.P approached Hon’ble Delhi High Court against the lackadaisical approach of the Respondents- by not giving permission for academic year 2020-2021. This has been backed by the Section 12A/12C of the Homeopathy Central Council Act. And there has been sheer non action of the part of the Respondents as it has been seven months since the date of application.

Matter was represented by Fiducia Legal, Advocate and Solicitors, led by Mr. Animesh Kumar (Partner) along with Mr. Nishant Kumar (Partner), Akash Chatterjee, Utkarsha Sharma (Advcoates). The Petitioner college is a self-financed unaided private Homeopathic college who has approached the Hon’ble Court under Article 226.

Furthermore, it was pleaded on behalf of Petitioner college that the requisite fees and application for permission with all the relevant documents to admit the students in the Homeopathic courses for the year 2020-2021 was submitted in July, 2020. Still the Respondent has failed to extend the permission till this date. It has also been submitted that without the permission the Petitioner college would not be able to conduct the counselling session, and admit the students for the undergraduate programme. This would mean that it would affect not only the future admissions, but also adversely effects the students studying in the current years.

The questions of law which were brought up is as follows: Whether the Respondent has ought to renew the permission to the Petitioner, when the Petitioner has complied with all the procedure and asked for the extension of the permission only then. Keeping in mind, whether they should have extended the permission when other Homeopathic courses college situated similarly have been granted the same. Then whether the inaction on the part of the Respondent is violating Article 19(1)(g) in Constitution of India for the Petitioner. And lastly whether the Petitioner college is eligible to participate in counselling the students on 12th January 2021.

Noting all the submission, Hon’ble Delhi High Court was pleased to issue notice in both the matters and granted ex-parte ad-interim relief to the Petitioners college to participate in on going counselling with a direction to disclose the fact regarding pending approval to the prospective students and also directed the Central Govt. to decide the case of pending approval by 25.01.2021.