ADMISSION COMMITTEE FOR PROFESSIONAL UNDERGRADUATE MEDICAL EDUCATION COURSES Vs. SWARNIM STARTUP AND INNOVATION UNIVERSITY

JUDGEMENT

(1.) By way of the present Letters Patent under Clause 15 of the Letters Patent, the appellant - original respondent No.4 - Admission Committee for Professional Undergraduate Medical Education Courses has challenged the judgment and order dtd. 13/4/2022 passed by learned Single Judge in the captioned writ petition by which learned Single Judge has quashed and set aside (i) order dtd. 8/12/2021 passed by Medical Assessment and Rating Board for Homeopathy reducing the intake capacity to 60 seats from 100 seats for Under Graduate (BHMS) Course for the Academic Year 2021 - 22, (ii) order dtd. 3/2/2022 passed by the Secretary of National Commission for Homeopathy confirming the order dtd. 8/12/2021 and (iii) order dtd. 29/3/2022 passed by the Director of Ministry of Ayush confirming the orders dtd. 8/12/2021 and 3/2/2022 passed by Board and National Commission. Learned Single Judge also directed the respondents to issue renewal permission to the original petitioner College for Academic Year 2021 - 2022 with intake capacity of 100 seats.

(2.) A preliminary objection has been raised on behalf of the original petitioner - respondent No.1 herein - Swarnim Startup and Innovative University through learned Senior Counsel Mr. D.C. Dave appearing with Mr. Udit M. Vyas about the locus of the appellant for filing the present appeal.

(3.) Mr. K. M. Antani, learned advocate appearing for the appellant would submit that as per Sec. 3 of Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 read with Rule 3 of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, the appellant - Admission Committee has to admit those students for which seats have been sanctioned by the original respondent No.2. He would further submit that in absence of any sanctioned seats, if the appellant - Admission Committee admits more than 60 students as ordered by learned Single Judge, it would be contrary to the above referred provisions of the Act and Rules. He, therefore, would submit that considering the above aspect of the matter, the present appeal would be maintainable at the instance of the appellant - Admission Committee. He would further submit that since the order of learned Single Judge has not been complied with, the appellant is also facing contempt proceedings. He would further submit that, therefore, if the order passed by learned Single Judge is complied with and admissions are given on the basis of the said order, it would be contrary to the provisions of law. He, therefore, would submit that the present appeal may kindly be entertained.