The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.16076 OF 2024 An application under Articles 226 and 227 of the Constitution of India Jagruti Agrawal …. Petitioner -Versus- Secretary, National Commission for Indian System of Medicine, Ministry of Ayush, Govt. of India, New Delhi & others Advocates appeared in this case: …. Opposite Parties For Petitioner: Mr. Subir Palit, Sr. Advocate along with Mr. G.N. Sahu, Advocate For Opp. Parties: Mr. P.K. Parhi, DSGI along with Mr. S.S Kashyap, Sr. Panel Counsel (for O.P. No.1) Mr. Upendra Kumar Samal, Advocate (for O.P. Nos.2 and 3) CORAM:
Legal Reasoning
THE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND THE HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO J U D G M E N T DECIDED ON 21.08.2025 PER MRUGANKA SEKHAR SAHOO, J.
Decision
The petitioner in the writ petition is a student, who has taken admission in the course for Bachelor in Ayurvedic Page 1 of 8 Medicine and Surgery (BAMS) on 26.09.2022 in the opposite party no.3-college. As has been stated in the writ petition she took her admission after the counselling was over through the JEE. Though she had appeared in the National Eligibility- cum-Entrance Test (NEET) she could get a chance to get admission after the JEE counselling was over as intimated by letter dated 12.02.2023 issued by the Chairman, Odisha Joint Entrance Examination. The said letter forms part of the record, has been annexed to the counter filed by opposite party no.2 marked as Annexure-A/2. 2. As the events unfolded thereafter letter dated 27.05.2024 was issued by the Secretary-in-charge National Commission for Indian System of Medicine (Annexure-7 to the writ petition). The said letter is under challenge. Contents of the letter are reproduced herein: “To The Principal, Sri Sri Nrusinghnath Ayurved College & Research Institute, P.O.Paikmal, Dist, Bargarh-768039, Odisha, [email protected] Sub: Cancellation of admission of students not admitted through counselling for batch 2022-23-reg. Sir/Madam, I am directed to bring to your notice that, all admissions in BAMS should be as per the Clause(i) of Sub Regulation(7) of Regulation(5) of National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Education), Regulations, 2022 of BAMS which states: “All seats irrespective of category (Central quota, State quota or Management etc.) except foreign nationals are to be admitted through counselling (Central or State or Union Territory) only, Direct admission by any means other than above specified shall not be approved.” W.P.(C) No.16076 of 2024 Page 2 of 8 On verification of the data (admitted students for BAMS for the batch 2022-23) submitted by your college, with the data provided by the Odisha State Counseling Authority, the below mentioned students found to be, not allotted through the Odisha Counselling Authority. As per the above specified regulations, these below mentioned one student’s admission cannot be approved by NCISM and you are instructed to cancel their admission and discharge the students from your college immediately to avoid further loss to students. NEET Roll NEET Application No. No. 220410240889 3607050197 Jagruti Date of Birth 06-DEC- 2002 This is issued with the approval of competent authority.” Mother’s Name Jhimi Agrawal Baidyanath Agrawal Father’s Name Full Name agrawal 3. After issuance of the letter at Annexure-7 addressed to the Principal of the Opposite Party nos.2 and 3-Sri Sri Nrusinghnath Ayurved College & Research Institute, Paikmal (hereinafter ‘the college’), the college issued certain directions to the petitioner-student cancelling her admission and discharging her from the college by letter dated 07.06.2024. By order dated 05.07.2024 the assigned Bench of learned Single Judge passed the following interim order: “2. Heard learned counsel for the petitioner. 3. Instant writ petition is filed by the petitioner challenging the impugned letter dated 27th May, 2024 under Annexure-7 of opposite party no.1 and the letter dated 7th June, 2024 issued by opposite party no.3 vide Annexure-6 on the grounds stated therein. 4. Referring to Annexure-7, learned counsel for the petitioner submits that the petitioner has taken admission in the college at Bargarh, however, such as admission has been cancelled in the meantime with intimation about the same to the Principal of the College. By making this Court go through the other annexures, learned counsel for the petitioner further submits that the petitioner is a student of the College and has completed first year by March, 2023 but the same stands intervened by such an action of opposite party no.1, which has led to the cancellation of admission of the students for the batch 202-23.” W.P.(C) No.16076 of 2024 Page 3 of 8 After the interim order was passed the petitioner has continued her studies and appeared in some of the examination till date. 4. It is submitted by learned Senior Counsel appearing for the petitioner that by the time the interim order was passed on 05.07.2024, examination for six papers were already completed. Thereafter the student appeared in obedience to the interim order, in seven papers. Since the issue involved was assigned to the Division Bench as per roster, the matter was listed before a coordinate Bench. The co-ordinate Bench by order dated 06.11.2024 in IA No.10499 of 2024 directed as quoted herein: “5. In the meanwhile, the petitioner shall not be stopped by the college from attending the classes. Thereafter by order dated 03.12.2024 the following direction was issued by the co-ordinate Bench: “5. In the facts and circumstances, it is observed that if the petitioner is willing to attend the classes of 2nd year professional BAMS course, she shall be allowed to attend the classes in the college. We make it clear that the interim arrangement has been made to ensure that in a case the petitioner finally succeeds in the writ application, her academic career is not disturbed.” 5. It is submitted by the learned Senior Counsel along with Mr. Sahu, learned counsel for the petitioner that in view of the protection granted by the Court and interim orders directing the authorities, petitioner has continued her studies and continues to do so in BAMS. W.P.(C) No.16076 of 2024 Page 4 of 8 6. Today we have heard the learned Senior Counsel for the petitioner, Mr. Palit along with Mr. Sahu, Mr. Parhi, learned DSGI along with Mr. Kashyap, learned Senior Panel Counsel for opposite party no.1 and Mr. Samal, learned counsel for opposite party nos.2 and 3 at some length. Upon hearing the learned counsel for the parties, we allow and dispose of the writ petition for the following reasons: 6.1. Though the Annexure-6 letter dated 07.06.2024 was issued by the opposite party nos.2 and 3-college pursuant to the letter dated 27.05.2024 issued by the opposite party no.1, upon perusal of the counter filed on behalf of opposite party nos.2 and 3 as well as opposite party no.1 it is apparent that the issue is not regarding the letter dated 27.05.2024 inasmuch as the petitioner-student took admission after the completion of the counselling by OJEE that was communicated by letter dated 12.02.2023. Section 9(6)(a) of the Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007 (hereinafter ‘Act, 2007’) is reproduced herein: “(6) (a) Where seats for reserved category are left unfilled due to non-availability of candidates from a particulars category in the list of JEE, such seats shall be filled up by candidates of same category from the merit list of All India Engineering Entrance Examination or All India Medical Entrance Examination, as the case may be, failing which such vacant seats shall be filled up by candidates not belonging to any reserved category in accordance with the merit list of JEE.” 6.2. The Section 9(6)(a) provides for giving admission to students in the available vacant seats after counselling by W.P.(C) No.16076 of 2024 Page 5 of 8 OJEE is over. The provision in the Act, 2007 is also supported by the view of the Hon’ble Supreme Court in the case of State of Orissa v. Dr. Asim Kumar Mohanty; (1989) 3 SCC 549: AIR 1989 SC 1801 that the seats for admission should not be kept vacant/unfilled in professional courses. In view of the provision of section 9(6)(a) of the Act, 2007 Annexure-7 issued by opposite party No.1 and the consequential Annexure-6 issued by opposite party Nos.2 & 3 would not have any application as far as studentship of the petitioner is concerned. 6.3. The Annexure-6, order dated 07.06.2024 being issued in the premises of issuance of the letter dated 27.05.2024 (Annexure-7) has to be set aside as the principle indicated in the letter dated 27.05.2024 is not applicable to the studentship/candidature of the petitioner for taking admission in the BAMS course in view of the section 9(6)(a) of the Act, 2007 and the law laid down by the Hon’ble Supreme Court in Aswini Kumar Mohanty (supra). 6.4. The learned DSGI along with Mr. Kashyap, learned Senior Panel Counsel have produced the notification dated 16.02.2022 issued by the National Commission for Indian System of Medicine which is taken on record. The notification notifies National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations-2022. The proviso to the Regulation- 5(2)(i) is reproduced herein: “Provided that in respect of,- W.P.(C) No.16076 of 2024 Page 6 of 8 (i) Candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes, the minimum marks shall at 40th percentile;” Applying the said proviso to the case of the petitioner, concededly, petitioner has secured 43th percentile of mark whereas the required minimum percentile of mark is 40th. 6.5. It is submitted by Mr. Parhi, learned DSGI and Mr. Kashyap, learned Senior Panel Counsel appearing for the opposite party no.1 that the authorities acted bonafidely as they did not have the benefit of the knowledge of the petitioner having the certificate indicating that she is a candidate belonging to SEBC/OBC. Therefore, the authorities have filed counter treating the student as a general candidate requiring 50th percentile. In response to the said submission of Mr. Kashyap, Mr. Samal, learned counsel for the opposite party nos.2 and 3 submitted that the opposite party nos.2 and 3-authorities only acted upon the instruction of opposite party no.1-authority and the fact remains that the petitioner is a candidate belonging to SEBC though the certificate was not provided during at the time of admission. It was provided on 31.01.2023 which is also filed before this Court annexed to the rejoinder filed by the petitioner in response to the counter filed by opposite party no.1. 7. The writ petition is allowed. Annexure-6 letter dated 07.06.2024 issued by Sri Sri Nrusinghnath Ayurved College & Research Institute, Paikmal-opposite party No.3 and Annexure-7 dated 27.05.2024 issued by Secretary, National Commission for Indian System of Medicine, Ministry of W.P.(C) No.16076 of 2024 Page 7 of 8 Ayush, Government of India-opposite party No.1 are set aside and quashed regarding their applicability to the petitioner in the facts and circumstances of the present writ petition. The interim orders passed earlier shall merge with this judgment allowing the writ petition. The college authorities including the university- authorities shall allow the petitioner-student to appear at all the examinations, may be in the form of back papers/supplementary examination or otherwise that would be permissible and allow the student reasonable time to prepare for examination. No costs. Manash Ranjan Pathak Judge Mruganka Sekhar Sahoo Judge Orissa High Court, Cuttack The 21st August, 2025/jyostna Signature Not Verified Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 26-Aug-2025 18:27:42 W.P.(C) No.16076 of 2024 Page 8 of 8