The Court has the power to mould the relief in accordance with changed circumstances for shortening litigation, or doing complete justice, when relief which may have been justified at the commencement of the litigation, would become inappropriate due to changed circumstances

JUDGMENT

1. This batch of writ petitions concerns orders of the Union of India [hereinafter, "the Union"] declining permission to the petitioner-institutions to admit students in their Ayurveda/Unani Colleges for the academic session 2020-2021.

A. Background:

2. For many of the petitioners, this is the third or fourth round of challenge before this Court in this connection.

3. Litigation first commenced at the stage of consideration of the petitioners' applications for permission to admit students. Writ petitions were filed in view of delays in disposal of the applications, particularly where counselling for admission was in progress, and the Court passed necessary directions in this regard.

4. In the next round of litigation, the petitioners challenged earlier show cause notices/orders of the Union, rejecting their applications either fully or partially [i.e., permitting admissions of fewer students than sought by the institution]. Although this Court originally declined interim relief by an order dated 01.02.2021 in one of those writ petitions [W.P. (C) 1265/2021], the matter was carried in appeal, and the Division Bench, by an order dated 04.02.2021 [LPA No. 49/2021, Shivang Homeopathic College vs. Union of India & Others], directed as follows:

"9. In view of the above, we are of the considered opinion that the appellant has made out a prima facie case in its favour for grant of interim relief. Balance of convenience is also in favour of the appellant. If the appellant is not permitted by way of interim relief to participate in the ongoing counselling, irreparable harm and injury shall be caused to the appellant.

10. We, therefore, stay the operation, implementation and execution of the order of the learned Single Judge dated 01.02.2021 passed in WP(C) No.1265/2021, till the next date of hearing.

11. We hereby direct that the appellant shall be permitted to participate in the counselling process which is ongoing in the State of Madhya Pradesh as pointed out by the learned senior counsel for the appellant."

5. Following the aforesaid order of the Division Bench, this Court granted similar interim relief to several of the petitioners in the earlier round of litigation, after examination of a prima facie case. It may be mentioned that, by an order dated 26.04.2021, LPA 49/2021 was ultimately disposed of by the Division Bench, in terms of the modalities outlined in a "Status Note" dated 01.03.2021 [hereinafter, "the Status Note"], which is discussed below. The respondent authorities accepted the Division Bench order dated 04.02.2021, and subsequent orders of this Court. However, while disposing of the appeal, the Division Bench made it clear that the interim order dated 04.02.2021 was passed in the facts and circumstances of the particular case, and in view of the disposal of the appeal, the said interim order was also no longer in existence.

6. Having regard to the large number of cases, and to the fact that continued litigation would ultimately lead to uncertainty and confusion, both for the institutions and for the students admitted pursuant to interim orders, Mr. Chetan Sharma, the learned Additional Solicitor General of India was requested to assist the Court in finding a resolution. After extensive deliberations between the parties and before the Court, the learned ASG submitted the Status Note, which was reproduced in an order of the same date by which a batch of writ petitions was disposed of [W.P. (C) 2110/2021, [Glocal College of Unani Medical Science Hospital And Research Centre vs. Union of India & Others] and connected matters.]. The principal premise of the Status Note was that the impugned show cause notices and denial orders would stand withdrawn, and fresh show cause notices would be issued, consistent with the terms of the Status Note. The last date for admission of students in AYUSH colleges was also extended to 31.03.2021, to enable counseling to proceed after the decisions were rendered by the Union. Anot