High CourtsSingle Bench(2023) 07 KAR CK 0029

Anjum Anwar Mulla & Others vs Union Of India Ministry Of Ayurveda Yoga And Naturopathy Unani, Sidda And Homoepathy (Ayush) Ayusu Bhawan, B Block, GPO Complex, Ina New Delhi - 110023 Rept. By Its Secretary & Others

Karnataka High Court · Decided on 21 July 2023

HON’BLE JUDGES
Sachin Shankar Magadum, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 14682 Of 2023 (EDN-RES)

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Judgment

9 paragraphs · 286 words

Sachin Shankar Magadum, J

1.

The captioned petition is filed by the students who are pursuing BAMS Course at Mahaganapathi Ayurvedic Medical College, Hoysala Nagar, Halyal Road, Dharwad.

2.

The issue involved in the present petition is squarely covered by the judgment rendered by the Co-Ordinate Bench in W.P.100658/2022. Respondent No.2-Univesity denied approval of admission of around 30 students on the ground that the list of admissions was not uploaded within the cut-off date. Around 25 students approached this Court in W.P.100658/2022. This Court allowed the writ petition and directed respondent No.2 to approve the admission of 25 students. Respondent No.2-University has denied approval only on the ground that petitioners do not have the benefit of the order granted by this Court. The same is evident from the endorsement issued by respondent No.2-University. The present petitioners are similarly placed and are in fact part of the same list which was subject-matter of the above said writ petition.

3.

Therefore, I am of the view that the impugned endorsement issued by respondent NO.2-University is not sustainable and the same is liable to be quashed. Respondent No.2-University is bound to approve the admissions of the present petitioners also.

4.

For the reasons stated supra, I pass the following:

i. The writ petition is allowed.

ii. Respondent No.2 is hereby directed to approve the admissions of the petitioners for the academic year 2020-21 subject to the college depositing a sum of Rs.5,000/- in respect of each of the students within a period of four weeks.

iii. Respondent No.2/University shall announce the results of the petitioners.

iv. Learned counsel for respondent No.2/university shall orally communicate with respondent No.2/Univerity to permit the petitioners to take the ensuing examinations scheduled on 25.07.2023.