JUDGMENT :

1. Heard Mr. Naik, learned senior counsel for the petitioners in first four writ petitions i.e. WP/2223/2022, WP/5004/2022, WP/2224/2022, WP/12490/2022 and Mr. Desai, learned senior counsel for the petitioners in WP/5556/2022, WP/8126/2022, WP/5558/2022.

2. In all these writ petitions the claim of the petitioners is pertaining to the regularization of admissions to the bachelor of homeopathy course/for declaration of results of the examination of first year and second year, permission to appear for next year examination.

3. Out of the first four writ petitions, the prayers in the WP/2224/2022 reads thus:

“(a) That by an order of this Hon'ble Court, a Writ of Mandamus or any other Writ in the nature of Mandamus be issued directing the Respondents to declare the Results of the petitioners.

(b) That by an Order of this Hon'ble Court, a Writ of Mandamus or any other Writ in the nature of Mandamus be issued directing the Respondents to accept the examination forms of the Petitioners and a further direction to permit the Petitioners to appear for 1st year and 2nd year Homeopathy examination.

(c) That by an Order of this Hon'ble Court a Writ of Mandamus or any other Writ in the nature of Mandamus directing the Respondents to regularize the admission of the Petitioners in view of the directions issued by the Hon'ble Supreme Court vide its Order dated 20/02/2020 passed in Civil Appeal No. 603 of 2020.

(d) That by an Order of this Hon'ble Court pending the hearing and final disposal of the present Writ Petition the Respondents be directed to allow the Petitioners to appear for the 1st Year and 2nd Year Homeopathy examination scheduled to held in the month of March, 2022.”

4. As far as second bunch of writ petitions, which are argued by Mr. Desai, learned senior counsel prayers in WP/556/2022 are as follows:

(a) This Hon'ble Court may be pleased to issue a writ of certiorari or writ in the nature of direction and thereby direct the Respondent Authority i.e. Respondent No. 5. ARA to grant approval to the admissions of the present petitions for the 1st year of BHMS Degree Course for the academic year 2020-2021 in the Respondent No. 9 Homeopathic Medical College in view of the Hon'ble Supreme Court's order dated 03.02.2021 passed in Civil Appeal No. 867/2021 and other civil Appeals.

(b) This Hon'ble Court may be pleased to issue a writ of certiorari or writ in the nature of direction and thereby direct the Respondent no. 5 ARA & Respondent No. 7 University i.e. MUHS Nashik to accept the 1st year BHMS exam application forms and allow all the Petitioners to appear and/or to face the 1st year BHMS (2015) examination for the academic year 2020-2021 which will be held in the month of January/February 2022 or soon thereafter subject to the outcome of the present writ petition.

(c) Pending the hearing and final disposal of this writ petition, direct the Respondent No. 5 ARA & Respondent No. 7 University i.e. MUHS, Nashik to accept the 1st year BHMS exam application forms and allow all the Petitioners to appear and/or to face the 1st year BHMS (2015) examination for the academic year 2020-2021 which will be held in the month of January/February 2022 or soon thereafter subject to the outcome of the present Writ Petition.

(d) Interim/Ad-interim relief be granted in terms of prayer clauses (c) in favour of the Petitioners.

5. The petitioners in the first four writ petitions alleged that they were admitted to first year Bachelor’s of Homeopathic Medicine and Surgery (BHMS) Course for the academic year 2019- 20 and 2020-21 in the respondent no. 6-college. It is claimed that the aforesaid admissions were carried out at the college level on or before 15/10/2019 by the college authority as the petitioners pursuant to their qualification in NEET examination were not qualified to get admissions having scored less than the qualifying marks. The reference to the admissions prior to 15/10/2019 is claimed to be only for the purpose of same being cut-off date fixed