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Santushti Ayurvedic Medical College And Hospital Thru. Dir v. U.o.i. Thru. Min. Of Ayurveda Yoga And Naturopathy/unani Sid

Santushti Ayurvedic Medical College And Hospital Thru. Dir v. U.o.i. Thru. Min. Of Ayurveda Yoga And Naturopathy/unani Sid

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - C No. - 20753 of 2019 | 22-02-2023

Brij Raj Singh, J.

1. Heard learned counsel for the Petitioners, learned Additional Chief Standing counsel appearing for the State-respondents, Sri Savitra Vardhan Singh, learned counsel appearing for the Union of India and Sri Devak Vardhan Singh, learned counsel appearing for the Central Council of Indian Medicine.

2. Learned counsel appearing for the contesting parties submit that this Court had passed a detailed order on 15.11.2018 by which the State of Uttar Pradesh was directed to proceed with fill up remaining vacancies of Ayush which remained vacant after completion of the NEET process.

3. It is contended that the said order was passed considering the interim directions issued by the Karnataka High Court in Writ Petition No.41486- 534 of 2018 and other similar matters. It is contended that subsequent to interim order of Karnataka High Court, a final judgment dated 11.12.2020 has been passed by the Karnataka High Court in Writ Petition No. 41485 of 2018 In re; Karnataka State Ayush Medical Colleges Federation and others Vs. Union of India and others against which no Special Leave to Petition has been filed before the Apex Court and thus the said judgment has attained finality. It is also contended that once this Court has proceeded to follow the interim order of Karnataka High Court which has now culminated in the final judgment vide judgment and order dated 11.12.2020 and the said judgment has attained finality, as such the benefit of the said judgment be also extended to the petitioners. It is contended that the Karnataka High Court while passing the final judgment dated 11.12.2020 has followed the judgment of Apex Court in the case of Union of India Vs. Federation of Self-Financed Ayurbedic Colleges Punjan and ors in Civil Appeal No. 603 of 2020 decided on 20.02.2020.

4. There is consensus at the Bar that the matter can be decided in terms of judgment of Karnataka High Court in the case of Karnataka State Ayush Medical Colleges Federation (supra).

5. Considering the aforesaid consensus amongst the learned counsel appearing for the contesting parties, the present petition is disposed of. It is provided that the petitioners shall also be entitled for the benefit of the aforesaid judgment passed by Karnataka High Court in the case of Karnataka State Ayush Medical Colleges Federation (supra).

6. Copy of the order be provided to the learned counsel for the Petitioners today on payment of usual charges.

Advocate List
  • Amrendra Singh,Anand Kumar Singh,Anoop Kumar

  • C.S.C.,A.S.G.,Devak Vardhan,Sarad Nandan Ojha, Shreeprakash Singh,Waseeq Uddin Ahmed

Bench
  • Hon'ble Justice Brij Raj Singh
Eq Citations
  • LQ
  • LQ/AllHC/2023/1464
Head Note

Education Law – Medical and Allied Professions – Medical Education – All India Entrance Examination (AIEEE) and National Eligibility cum Entrance Test (NEET) – Vacancies of Ayush courses remaining after completion of NEET process – Direction to State of U.P. to fill up remaining vacancies of Ayush courses