Admission regulations for homeopathy postgraduate courses must comply with statutory procedures; deviations are not permissible, especially post cut-off date.

JUDGMENT :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Self-Financed Homeopathy Colleges in the State of Gujarat imparting education in the discipline of Homeopathy at the level of Graduation and Post-graduation leading to the degree of B.H.M.S. and M.D. (Hom.). The instant petition has been filed on 11.04.2023 with the original prayer in paragraph 25, which reads as under : -

“25. [a] That this Hon'ble Court may be pleased to declare that the member colleges of the Petitioner are entitled to admit students who possess the minimum eligibility at graduation as per Regulation 4(1) of the Homoeopathy (Post Graduate Degree Course) M.D.(Hom.) Regulations, 1989 on seats that have remained vacant after completion of admission process and exhaustion of merit list prepared on the basis of AIAPGET 2022.

[b] Alternatively, this Hon'ble Court may be pleased to issue a writ of mandamus and or any other appropriate writ, order, or direction, directing Respondent Nos. 1 and 2 to reduce the qualifying percentile for AIAPGET 2022 and thereupon be pleased to permit the member colleges of the Petitioner association to admit students who are eligible for being admitted as per such reduced qualifying percentile.

(c) That pending admission, hearing and final disposal of the present writ petition, this Hon'ble Court may be pleased to permit the member colleges of the Petitioner association to admit such students on vacant seats who possess the minimum eligibility at graduation level Regulation 4(1) of the Homoeopathy (Post Graduate Degree Course) M.D. (Hom.) Regulations, 1989, on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

[d] That this Honourable Court be pleased to pass any such other order as may be deemed necessary on the facts and in the circumstances of the case.”

2. By means of the amendment allowed vide order dated 19.04.2023 of this Court, the following prayer has been added : -

“(aa) This Hon’ble Court may be pleased to declare the Homeopathy (Post Graduate Degree Course) M.D. (Hom.) Amendment Regulations, 2018 as illegal, arbitrary, and unenforceable.”

3. It seems that on the presentation of the writ petition, by the order dated 06.06.2023, taking note of the decision of the Division Bench of the Karnataka High Court dated 06.04.2023 in Writ Petition No. 100650/2021 with 100652/2021 (Karnataka Private Homoeopathic Medical Colleges Management Association & Others versus Union of India and Others), wherein it has been held that the mandatory provisions of sub-section (2) of Section 20 has not been followed in the matter of framing of the regulations with regard to post-graduate courses and the same having been declared illegal, arbitrary and unenforceable, the following interim relief was granted to the writ petitioner : -

“11. Hence, we are of the opinion that the petitioner is entitled to interim relief as prayed for. The respondents are hereby directed to permit the colleges of the petitioner association to admit the students forthwith on vacant seats and may extend the course of post graduation keeping in m