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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ARAVIND KUMAR, ASHUTOSH J. SHASTRI, JJ.
All Gujarat Self-Finance Paramedical Consortium And Association – Appellant
Versus
National Commission For Indian System Of Medicine (NCISM) – Respondent
R/Special Civil Application No. 21703 of 2022 with R/Special Civil Application No. 22287 of 2022
Decided on : 08-12-2022
Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 - Section 4, 6, 2(g), (h) - Gujarat Professional Medical Educational Courses [Regulation of Admission in Undergraduate Courses) (Second Amendment) Rules, 2022 - Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 - Rule 3 and Rule 7 - Gujarat Public Trusts Act, 1950 - Constitution of India , 1950 - Article 226 - Homoeopathy medical colleges - Entitled to admit students on Management seats - Counselling and Admission - Declare Comprehensive Guidelines for Counselling and Admission in Undergraduate as ultra vires and thereupon be pleased to hold that private unaided homoeopathy medical colleges in State of Gujarat are entitled to admit students on Management seats through Petitioner as their consortium – Held, Common counseling or rather counseling by State would also to save high ethical standards are maintained in all aspects of medical services and would provide effective grievance redressal mechanism and as such when such being laudable object for which concept of counseling is being introduced, Court see no reason as to how and in what manner in its entirety, right to fill up management quota seats is taken away from petitioner – Court is of considered view that amendment which has been brought is neither in conflict with law laid down by Hon’ble Apex Court in cases referred to above nor in conflict with any fundamental rights of petitioner’s consortium, rather it is in best interest of merit based admission process even in management quota, as such there is hardly any reason for petitioners to raise any grievance – Court is of opinion that petitioners have not made out any case which may call for any interference in context of prayers which are made in petition - Petitions dismissed.
JUDGMENT :
ARAVIND KUMAR, J.
1. These petitions have been filed by All India Self-finance Paramedical Consortium and Association and Swanirbhar Homeopathic Medical College Sanchalak Mahamandal respectively challenging the validity of amendment of National Commission for Indian System of Medicines (Minimum Standards of Under-graduate Ayurveda Education) Regulations 2022 as well as the comprehensive guidelines dated 18.10.2022 issued by the respondent authority.
2. At the request of learned Senior Advocate Mr. Dhaval Dave appearing for petitioner, we have taken up both the matters and he has specifically referred to the pleadings and annexures in Special Civil Application No.22287 of 2022 and we would be referring to the pleadings accordingly.
3. During the course of hearing, petitioners have sought for an amendment in the pleadings and relief, which came to be allowed by order dated 7.11.2022 and as such entire relief clause mentioned in the lead petition is reproduced hereunder:-
[aa] That this Hon'ble Court be pleased to declare Gujarat Professional Medical Educational Courses [Regulation of Admission in Undergraduate Courses) (Second Amendment) Rules, 2022 and the resulting amendment to Rule 3 and Rule 7 of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, as ultra vires of the Constitution of India and Gujarat Professional Medical Educational Colleges Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 and thereupon. be pleased to hold that private unaided homoeopathy medical colleges in the State of Gujarat are entitled to admit students on Management seats through the Petitioner as their consortium.
[ab] Pending admission, hearing, and final disposal of the present petition, this Hon'ble Court may be pleased to stay the operation and implementation of the Gujarat Professional Medical Educational Courses Regulation of Admission in Undergraduate Courses] (Second Amendment) Rules, 2022 and thereupon, be pleased to permit private unaided homoeopathy medical colleges in the State of Gujarat to admit students on Management seats through the Petitioner as their consortium on such terms and conditions that this Hon'ble Court may deem fit and proper.
[b] Pending admission, hearing, and final disposal of the present petition, this Hon'ble Court may be pleased to stay the operation and implementation of the Comprehensive Guidelines for Counselling and Admission in Undergraduate (UG- BAMS/BSMS/BUMS/BHMS) & Postgraduate (PGMD/ MS) Courses of Ayurveda, Siddha. Unani & Homoeopathy (ASU&H) for Academic Session 2022-23 and thereupon. be pleased to permit private unaided homoeopathy medical colleges in the State of Gujarat to admit students on Management seats on such terms and conditions that this Hon'ble Court may deem fit and proper.
[c] This Hon'ble Court may be pleased to grant any other or further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”
4. Petitioner Swanirbhar Homeopathic Medical College Sanchalak Mahamandal has stated that petitioner is a Trust registered under the provisions of the Gujarat Public Trusts Act, 1950 and is an Association of Self-finance Homeopathic Colleges in the State of Gujarat imparting education in the discipline of Homeopathy at the level of gra
Section 55(2)(m) of 2020 Act does not authorize Central Government to give advisory/instructions to National Testing Agency.
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
Admission regulations for homeopathy postgraduate courses must comply with statutory procedures; deviations are not permissible, especially post cut-off date.
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
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