SWATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The writ petitioners, 13 in number, have filed this petition seeking directions to the State of Haryana to adjust the petitioners in some other college affiliated to respondent No.5-University as examinations are due to be held on 02.08.2019 and to take into consideration the fee already paid to respondent No.6-college as well as the classes attended therein, to enable the petitioners to take the examination.

(2.) Respondent No.6-college was set up pursuant to a no objection certificate dated 08.09.2014 issued by the State of Haryana. Before it could made admissions, it was necessary to obtain approval from the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Government of India. After receipt of approval, it had to get itself affiliated with an university, in this case respondent No.5. However, the Ministry aforementioned refused approval vide order dated 10.08.2017, which was challenged by respondent No.6-college through WP(C) No.7954 of 2017 filed in the Delhi High Court, which was, however, dismissed vide judgment dated 17.12.2018. During the pendency of the writ petition, the Delhi High Court passed an interim order dated 30.10.2018 permitting respondent No.6-college to make admissions. It was, however, clarified that the interim order would not create any equities in favour of the writ petitioner-respondent No.6. Accordingly, seventeen students were admitted, however, with a rider that their admissions were subject to the final decision of the writ petition. After dismissal of the writ petition, a review was sought in which notice was issued vide order dated 21.12.2018 and status quo was ordered to be maintained so far as the students were concerned. During the pendency of the review application, an application was filed seeking permission for registration of students for the forthcoming examination. This application was, however, withdrawn on 23.05.2019. The writ petitioners also filed an application for being impleaded as party-respondents and for modification of the order of status quo. The said applications were however dismissed vide order dated 20.09.2019. Meanwhile, the present writ petition was filed and the same was entertained vide order dated 09.07.2019. Subsequently, vide interim order dated 01.08.2019, the petitioners were permitted to take the examination for the first year of the BAMS course, subject, however, to the own risk and responsibility of the petitioners and on a provisional basis. Thus, the examination due to be held w.e.f. 02.08.2019 has been taken by the writ petitioners.

(3.) A short reply on behalf of the State of Haryana as well as the Director, AYUSH, Haryana has been filed, according to which, the party required to take action is respondent No.5-University whose detailed reply is on record.