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P. S. DINESH KUMAR, T. G. SHIVASHANKARE GOWDA
Achutha Ayurveda Medical College Hospital And Research Centre – Appellant
Versus
Union Of India Secretary To The Government Of Ministry Of Health And Family Welfare (Department Of Ayurvedic Yoga And Naturopathy, Unani, Sidda And Homeopathy), New Delhi – Respondent
ORDER :
P.S. Dinesh Kumar, J.
Writ Petition No.27566 of 2023 has been filed with following prayers:
(ii) Issue a Writ in the nature of Mandamus or any other appropriate Writ or Order or Direction, directing the Respondents No.1 to 3 to grant extension of the deadline to admit students to the vacant seats of the petitioner institutions to the UG BAMS Course for the academic year 2023-24 and consequently direct the respondents No.1 to 7 to conduct counselling and to admit students the vacant seats of the petitioner institutions to the UG BAMS Course for the academic year 2023-24 in terms of the procedure notified by the Karnataka Examinations Authority; and
(iii) Issue a Writ in the nature of mandamus directing the respondents No.1 to 3 to adhere to the notified timelines under the National Commission for Indian System of medicine Act, 2020 and the regulations notified the
The court emphasized that administrative delays should not deprive institutions of rights to participate in ongoing processes when requisite permissions are granted.
The main legal point established in the judgment is that candidates who have not availed of available seats in the previous allotment process are not entitled to admission, as per Rule 11(1)(viii) of....
The right to establish a nursing institution does not guarantee student allotment after the statutory admissions process has concluded, emphasizing strict adherence to timelines for counseling.
The right to establish a nursing institution does not equate to entitlement for student allotment once admissions under the regulatory framework have concluded.
The main legal point established in the judgment is the court's authority to issue a Writ of Mandamus under Article 226 of the Constitution of India to direct the first respondent to consider and pas....
The restriction preventing managements from filling up all the seats in medical courses was found to be unreasonable and violative of constitutional articles.
The right to establish an educational institution does not guarantee inclusion in student allotment if statutory approvals were received post counselling conclusion, highlighting the necessity of adh....
Strict adherence to admission timelines is mandatory, and deviations are impermissible as per Supreme Court directives.
The court underscored the importance of adhering to established admission timelines for professional courses, rejecting claims of arbitrary actions by regulatory authorities in the absence of timely ....
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