Courts may direct admission increases in exceptional cases but must uphold consistent admission standards across institutions, even amidst procedural changes due to emergencies.

JUDGMENT

D. N. Patel, Chief Justice (Oral)--Proceedings in the matter have been conducted through video conferencing.

C.M.No.15127/2021 (exemption)

Allowed, subject to all just exceptions.

The application is allowed.

LPA 156/2021 & C.Ms.No. 15126/2021 (Stay) & 15128/2021 (additional documents)

1. Being aggrieved and feeling dissatisfied by the judgment and order dated 18th March, 2021 in W.P.(C) 3629/2021 (Annexure A-1 to the memo of this LPA) passed by the learned Single Judge, the appellant (original petitioner) has preferred the present Letters Patent Appeal. The learned Single Judge has not granted the relief to the original petitioner for admission of students for the Academic Year 2020-2021 for UG (BAMS) Course beyond 30 intake capacity for the academic year 2020-21. This appellant had preferred an application for increase in the intake capacity upto 60 UG (BAMS) seats, but the respondent authority, after examining the College in terms of the approved criteria and policies exclusively relaxed for academic year 2020-21, has given its finding to the effect that the college is eligible for 30 seats (instead of 60 seats) vide letter dated 12th February, 2021 (Annexure A-5 to the memo of the writ petition). Aggrieved with the aforesaid decision, this appellant (original petitioner) approached the learned Single Judge by way of a writ petition and the learned Single Judge also refused to grant relief to the appellant and did not permit them to admit students beyond the intake capacity of 30 seats for the academic year 2020-21.

2. The appellant had earlier filed W.P.(C) No.2248/2021 before this Court and the same was partially allowed and disposed of by learned Single Judge along with a batch of similarly placed writ petitions vide order dated 1st March, 2021. In the said writ petition a status note was filed by the Union of India enumerating the proposed detailed modalities for resolution of the grievances with regard to admission in several Ayurveda Colleges. The said status note, which has been reproduced in the aforesaid order dated 1st March, 2021, contemplates that the impugned show cause notices and denial orders would stand withdrawn and detailed show cause notices would be issued afresh to the concerned institutes in terms of the conditions stipulated therein.

3. Relying upon paragraph 3(a) of the said status note filed by Union of India, the contention of the appellant (original petitioner) before the learned Single Judge was that no show cause notice ought to have been issued to it as it had permission to admit students for each of the preceding five academic years. Paragraph 3(a) of the said status note reads as under:-

"3. That, in addition, to obviate further difficulties/complexities as a result of the Covid-19 pandemic and to allay any/all reservations (without prejudice to the AYUSH Ministry/CCIM's stand before this Hon'ble Court), the Respondent -Union of India now proposes the following one- time measures by treating the academic year 2020-202l as an exceptional/unprecedented year:

a. The AYUSH Ministry will grant a conditional approval/permission for the academic year 2020-21 to those institutions which have continuously received permission from Ministry of AYUSH for the preceding 5 academic years, on the basis of the affidavits/documents already submitted by them. The existing show cause notices and any consequent orders issued against such institutions will stand withdrawn, and no fresh show cause notices will be issued to such institutions."

4. It has been observed in the impugned order that as far as the acade