SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Swanirbhar Homoeopathic Medical College Sanchalak Mahamandal, Gujarat State – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petition seeks admission based on vacant seats. (Para 1 , 2 , 3) |
| 2. details of the petition regarding admissions and interim relief. (Para 4 , 5) |
| 3. arguments regarding regulatory compliance and legal precedent. (Para 6 , 7 , 10 , 11 , 12) |
| 4. regulations compliance and eligibility for admissions. (Para 13 , 14) |
| 5. discussion on the cut-off date for admissions. (Para 15 , 16 , 17) |
| 6. arguments regarding adherence to admission schedules. (Para 22 , 23 , 24) |
| 7. regulatory compliance and implementation of admission processes. (Para 26 , 27 , 28) |
| 8. procedural compliance for admission requests. (Para 29 , 30 , 31) |
| 9. interim orders and their implications on admissions. (Para 32 , 33) |
| 10. final dismissal of the petition and consequences for admissions. (Para 34 , 36) |
| 11. final observations on the enforceability of regulations. (Para 35) |
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 origi
Harshit Agarwal and Others versus Union of India reported in (2021) 2 SCC 710
Kusum Ingots & Alloys Ltd. versus Union of India and Another reported in (2004) 6 SCC 254
Admission regulations for homeopathy postgraduate courses must comply with statutory procedures; deviations are not permissible, especially post cut-off date.
Merely because interim orders have been passed which were adinterim exparte orders without the benefit of the arguments of the other side on the basis of the replies filed and the pleadings, such int....
The court emphasized that any educational regulations for admissions, such as NEET, must comply with statutory procedures, failing which they are rendered unenforceable.
The court upheld the minimum percentile requirement for postgraduate medical admissions, asserting the importance of maintaining high educational standards in medical education, which cannot be compr....
The necessity of NEET UG-2019 qualification for admission to BUMS/BAMS/BHMS Courses for the academic session 2019-20 as per the Indian Medicine Central Council Act, 1970 and the Regulations of 2018.
Section 55(2)(m) of 2020 Act does not authorize Central Government to give advisory/instructions to National Testing Agency.
: If the criteria for minimum percentile is further reduced, this Court is doubtful about the standard of the students taking admission and is wary of their potential to undertake the professional co....
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