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Judgment
Pankaj Purohit, J
Since all these writ petition(s) involve similar controversy, therefore they are being heard and decided together. For the purpose of brevity facts of Writ Petition No.1476 of 2023 are being taken up for consideration of the controversy.
Petitioner before this Court is a private college which runs BAMS course. Petitioner did intake the students who allegedly qualified in the NEET Examination conducted by the National Testing Agency.
It is admitted to the parties that the admissions by the college to the student of NEET are not given after counselling conducted by the State Government which is a sine qua non for the purpose of getting admission in a medical college and no admission could have been given without participating in the counselling conducted by the State Government.
The petitioner is before this Court by filing the present writ petition for the following relief:-
“(i) to issue a wrti, order or direction in the nature of mandamus directing the respondent no.2 to enrol 14 students (contained as annexure no.6) admitted by the petitioner on 04.03.2023 in B.A.M.S. Ist year course who are all NEET qualified students for the academic session 2022-23.”
Having argued the case at length, learned counsel for the petitioner proposes that the petitioner-College would make a representation to the respondent-University for permitting the petitioner-College to take these students for the purpose of imparting education and further to enrol these students with the University and the respondent-University shall decide such representation, if submitted by the petitioner, within a stipulated period. If this is done ends of justice would met.
Learned counsel for the respondent-University and other respondents have no opposition to the proposition offered by learned counsel for the petitioner-College.
Accordingly, all the writ petitions are allowed. The petitioners-Colleges shall move a detailed representation(s) to the respondent-University within a period of seven days from today and if such a representation(s) is made by the petitioners-Colleges before the University, the University shall take a decision on the representation so made within a further period of ten days’ from the date of receipt of the representation.
It is made clear that this Court has not indulged into merits of the writ petition and the University is free to take decision strictly in accordance with the law prevailing, sympathetically.
