JUDGMENT

M.S. Sonak, J. - Heard learned Counsel for the parties.

2. Rule. The rule is made returnable forthwith at the request of and with the consent of the learned Counsel for the parties.

3. The Petitioner challenges the respondents' action to withdraw the admission granted to her for postgraduate (M.D.) in Rasa Shastra & Bhaishajya Kalpana at ITRa, Jamnagar (respondent no.2) against the 'Central Pool Quota' for a deficient States like Goa.

4. The seats for postgraduate courses in ayurveda are broadly divided into two categories relevant to the issue raised in this petition. The first is the general category seats to be filled in through all India Counselling conducted by ayush admission Central Counseling Committee [aaCCC]. The second category is the seats reserved for States like Goa that do not have any facilities to undertake P.G. courses [Reserved Seats] to be filled in by nomination by the Central Government based on the recommendation of the deficient States. Unfortunately, there are presently only three institutes [donor institutes] that provide such reserved seats in the entire country. One of them is ITRa, Jamnagar [respondent no. 2].

5. The guidelines governing the Counseling and filling in the general category seats are contained in an aaCCC brochure. The comprehensive guidelines to fill in the reserved category seats are in Central Government communication dated 02.06.2020. The two sets of guidelines are different and distinct. There is no bar to candidates simultaneously applying to the two categories based on the marks secured at the all India entrance test [aIaPGET].

6. The Petitioner applied under both categories. Through Counseling, she was admitted to a P.G. course in Bharati Vidyapeeth [respondent no. 3] on 22.01.2022. The State of Goa had already recommended Petitioner for admission against reserved seats based on her merit position to the Central Government. However, only on 16.03.2022 did ITRa Jamnagar offer the Petitioner the reserved seat, which the Petitioner promptly accepted. On 18.03.2022, this offer was sought to be withdrawn on the plea that Petitioner is on the ineligibility list dated 16.03.2022 published by aaCCC, having already secured admission against a general category seat through Counseling.

7. The Petitioner contends that her admission against a general category seat only bars her from participating in further Counseling for admissions to the other general category seats. But, such admission is no barrier to admission to reserved category seats governed by a completely different set of comprehensive guidelines. Therefore, the withdrawal of admission is contrary to law and arbitrary.

8. On 22.03.2022, after hearing the learned Counsel for the parties, including the learned advocate General for the State of Goa, who supported the Petitioner's stand, we made an interim order directing the respondent no.2 to fill up the seat against which the Petitioner had been provisionally admitted.

9. affidavit in reply has been filed on behalf of respondents nos.1 & 3. Despite the opportunity, no affidavit was filed on behalf of respondent no.2. However, Mr. Faldessai, who appeared for respondent no.2, adopted the submissions of Mr. Karpe, Central Government Standing Counsel, who appeared on behalf of respondent no.1. Ms. Prachi Sawant appeared for respondent no.3 in the matter.

10. The Ministry of ayush, cognizant that certain States/Union Territories lack facilities for postgraduate courses in ayurveda, Siddha, Unani & Homeopathy (aSU&H) medicines, issued Comprehensive Revised Guidelines for Central Government Nomination (C.G.N.) to M.D. Courses for the session 2020-21 on 02.06.2020. These guidelines formulate a policy for admission of students from such States (deficient States) in certain reputed institutions, including ITRa, Jamnagar (respondent no.2).

11. In terms of this Scheme, the respective deficient State Governments have to recommend the candidates for nomination by the Central Government into its