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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
These contempt petitions have been filed by the petitioners alleging non-compliance of the order dated 07.05.2026 passed by writ court in WPMB No.935 of 2025 Vineeta and Others vs. State of Uttarakhand and Others, and in WPMB No.3167 of 2019 Shivalik Institute of Ayurveda and Research, Dehradun Vs. State of Uttarakhand and Others, by which, various writ petitions were disposed of, whereby, writ court has directed the University to treat the admissions as regular and declare the result of students and also permit them to appear in the back paper examination, if any, in accordance with law.
According to petitioners, when said directions were not complied with by respondents-contemnors, these contempt petitions have been filed.
Response was called from respondents-contemnors-University and it has been categorically stated by respondents-contemnors in response/ compliance affidavit that petitioners were not given admission in the institution on or before 15.10.2019, therefore, the University cannot treat them regular and cannot permit them to appear in back paper examination. It is further clarified in the said compliance affidavit that pursuant to interim order dated 14.10.2019 passed in WPMB No.3167 of 2019 Shivalik Institute of Ayurveda and Research, Dehradun Vs. State of Uttarakhand and Others, filed by Shivalik Institute of Ayurveda and Research (hereinafter referred to as ‘institution’), 20 students were allocated to the institution on the counseling held on 15.10.2019.
It is contended by learned counsel for respondents-contemnors that since petitioners were not given admission on or before 15.10.2019, therefore, they cannot be treated as regular admission by the University.
It is submitted by learned counsel for petitioners that petitioners have been enclosed the seat allotment letter by the College and fee receipts dated 15.10.2019 to substantiate their claim by filing supplementary affidavit.
The said supplementary affidavit is reverted by respondents-contemnors by filing supplementary compliance affidavit on 20.08.2026, in which, it has been categorically stated that the admissions given to petitioners were not on or before 15.10.2019.
Having heard learned counsel for parties and having perused the contempt petitions as well as the order passed by writ court, it is noted that a clear order has been passed by the Hon’ble Apex Court in the case of admission of the medical students in Union of India Vs. Federation of Self-Financed Ayurvedic Colleges Punjab and Others, reported in (2020) 12 SCC 115, in which, the last date for admission of the medical students was fixed for 15.10.2019 and the students, who have been given admission on or before 15.10.2019, were treated as regular and students; the relaxation was granted to such students as one time measure. The said fact found place in paragraph 15 of the Federation of Self-Financed Ayurvedic Colleges Punjab (Supra), which is quoted in Paragraph-5 of the judgment passed by writ court, which is quoted below for the ready reference:-
“5.The brief facts are that by Notification dated 07.12.2018, the Central Council of Indian Medicine introduced the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2018. By Regulation 2(d), it was provided that there shall be a uniform entrance examination for all medical institutions for admission to undergraduate courses in each academic year, to be conducted by an authority designated by the Central Government. The said Regulations were challenged by various colleges before the Punjab and Haryana High Court. The writ petitions were dismissed by judgment date 18.12.2019. Aggrieved thereby, the colleges filed Special Leave Petitions before the Supreme Court. The Supreme Court decided the controversy by judgment dated 20.02.2020 in Union of India vs. Federation of Self-Financed Ayurvedic Colleges Punjab and others, reported in (2020) 12 SCC 115. The Supreme Court held that Section 22 of the Indian Medicines Central Council Act, 1970, which empowers the Central Council to prescribe minimum standards of education in Indian Medicine, is wide enough to enable the Council to provide for NEET examination and, accordingly, the amendments made in the Regulations, making provisions for admission through NEET examination, were upheld. While so holding, the Supreme Court, considering the fact that a large number of seats had remained vacant in various private colleges, even after final round of counseling, and that the colleges had admitted students on the strength of interim orders passed by the High Courts, permitted such students to pursue their courses, provided they were admitted prior to the last date of admission i.e. 15th October, 2019. The Supreme Court clarified that the relaxation granted by it was a one-time measure and would not be treated as a precedent. The relevant observations, made in this behalf in Paragraph-15 are as follows:
15.……However, in view of admission of a large number of students to the AYUSH Under Graduate courses for the year 2019-2020 on the strength of interim orders passed by the High Courts, we direct that the students may be permitted to continue provided that they were admitted prior to the last date of admission i.e. 15th October, 2019. The said direction is also applicable to students admitted to Post Graduate Courses before 31st October, 2019. This is a one-time exercise which is permitted in view of the peculiar circumstances. Therefore, this order shall not be treated as a precedent.”
In such view of the mater, this Court is of the view that no contempt is made out. Accordingly, the contempt petitions are dismissed.
Pending application(s), if any, stands disposed of.