CASTROS HOMOEO RESEARCH CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, we propose to dispose of two civil miscellaneous applications, bearing No. 21810 of 2000 and 19104 of 2000 in C.W.P. No. 5889 of 2000, former having been filed by the petitioner and the latter by the respondents. Whereas, in C.M. No. 21810 of 2000 prayer is to issue appropriate directions that may result into compliance of order dated 15-6-2000, in C.M. No. 19104 of 2000 filed by the respondents, prayer is to modify the same very order. Naturally, if application filed on behalf of the respondents for modification of order dated 15-6-2000 is dismissed, the one filed by the petitioner, i. e. C.M. No. 21810 of 2000 has to be allowed. It would, thus, be more in the fitness of things to deal with the application filed by the respondents prior in point of time.

(2.) As mentioned above, prayer in the application is for modification of order dated 15-6-2000. Vide order dated 15-6-2000, while adjourning the case, we had directed the petitioner to admit students in Graded and Direct Degree Course of Homoeopathic Sciences. From reading of the entire order that came to be passed after hearing arguments at length it would be manifest that 50 students could be admitted. Modification/clarification, as mentioned above, in the application is sought to the following extent :-

(3.) In support of the application, it has been pleaded that the University had got the institute inspected on January 14, 2000. The Inspection report was placed before the Board of Management which resolved that till such time the deficiencies pointed out in the inspection report were removed by the Institute, no admission to the College be permitted and further that the students already admitted in the College may be provisionally permitted to appear in the professional examinations which would be only one time concession. All further examinations had to be held only if the training and teaching of the course subsequent to the examination for which concession was granted was conducted with the council prescribed infrastructure duly verified by the University. The result of the Board was conveyed to the College vide letter dated April 22, 2000 which led to filing of the present writ petition. It is then pleaded that the institute is running two courses, one is Graded Degree Course and the other is Direct Degree Course. The Graded Degree Course is a condensed course of two years for which only a licensed homoeopathic practitioner can apply whereas Direct Degree Course is a course for four and half years duration where candidates, who have passed 10+2 examination, can compete, on the same terms and conditions, as for PMET. It is then pleaded that in terms of the order of this Court, the applicant University got the inspection conducted of the Institute on August 14. 2000. A copy of the inspection report has been annexed as Annexure A1. A perusal of the report shows that keeping in view the existing infrastructure, the equipment and staff strength, the Inspection Team unanimously opened that the College should be allowed to admit a maximum of 25 students in the Direct Degree Course provided that they arrange at least two class rooms adjoining the existing premises and still further that they shift to their own building by December, 2000. On the basis of the interim order dated June, 15, 2000 the Institute had given an advertisement on August 13, 2000 inviting applications for admission to the Direct Course and this advertisement is stated to be totally unwarranted by a private college. It is in these circumstances that it is further pleaded that the respondent University is approaching this Court by way of present application with the prayer that order dated June 15, 2000 may be modified to the extent that admisison should be limited to 25 seats. Still further, admissions should be made by the respondent University and not by the College at its own level.