Saavi Bakshi v. State of Uttarakhand and Another

learned counsel for t he respondent s.

2. This pet it ion under Art icle 226 of Const it ut ion of I ndia was filed seeking t he following reliefs: - “ a. I ssue a writ , order or direct ion, in t he nat ure of m andam us direct ing t he Respondent No. 1 t o provide t he enrollm ent let t er t o t he Pet it ioner; b. I ssue a writ , order or direct ion, in t he nat ure of m andam us direct ing t he Respondent No. 1 t o allow t he Pet it ioner t o sit in t he exam inat ion for t he BAMS ( New Course) First Year Professional 2023- 24 conduct ed by t he t he Let t er dat ed 07/ 02/ 2025 Universit y t he Universit y as declared by 1 ( Annexure 6) ; C. I ssue any ot her writ , order or direct ion and / or allow any ot her consequent ial relief as expedient in law, on t he fact s and circum st ances of t he case.”

3. An I nt erim Relief Applicat ion ( I A No.1 of 2025) was also filed along wit h t he writ pet it ion, wherein she has sought a direct ion t hat respondent no.1 m ay be direct ed t o perm it t he pet it ioner t o sit in t he exam inat ion conduct ed by t he Universit y for first year B.A.M.S. First Year Professional 2023- 24 ( New Course) . The said int erim relief applicat ion of t he pet it ioner was rej ect ed by t he learned Single Judge of t his Court vide order dat ed 08.04.2025. Relevant ext ract of t he said order is reproduced below: - “ Learned counsel t he pet it ioner would subm it t hat it is a quest ion of career of a st udent ; she has been pursuing her st udies, but she has not been given t he Enrolm ent num ber. t o Dr. Anil Kum ar Jha, Principal of t he respondent no.2 College j oined t he proceeding t hrough video conferencing. He would subm it t hat he has never given adm ission t he pet it ioner. Aft er St ray Counselling, he cont act ed t he respondent no.1, t he Universit y, as t o whet her t he pet it ioner could be provided adm ission, but since t here was no writ t en com m unicat ion from t he Universit y, he did not give her adm ission, t he t hough according pet it ioner did j oin t he classes for few m ont hs and, t hereaft er, t he respondent no.2 st opped her from j oining t he classes also and she is no m ore st udent of t he College. t o him , Having considered, t his Court does not see it as a case fit for grant ing an int erim order. Accordingly, t he int erim relief applicat ion deserves t o be rej ect ed. 2 The int erim relief applicat ion is rej ect ed.”

4. Against rej ect ion of her int erim relief applicat ion, pet it ioner preferred Special Appeal No.75 of

2025. The Coordinat e Bench of t his Court also dism issed t he aforesaid Appeal, on 02.05.2025. Relevant ext ract of t he j udgm ent dat ed 02.05.2025 is reproduced below: - t o a course, which t he said subm ission. For “ 3. We adm ission is governed by a regulat ory body, counseling is held and t he body holding counseling has let t er t o pursuant t o which a st udent t akes adm ission in t he part icular college. issue allot m ent

4. Learned counsel for t he appellant was unable t o show any such docum ent s based on which appellant could get adm ission in B.A.M.S. Ayurvedic course.

5. Thus, we do not find any reason t o int erfere wit h t he dism issed” . im pugned or der. The appeal fails and

5. Aggrieved by t he said orders, pet it ioner approached t he Hon’ble Apex Court by filing Special Leave t o Appeal ( c) No( s) . 16936/ 2025. The Hon’ble Apex Court disposed of t he Appeal vide it s order dat ed

24.06.2025. The relevant port ion of t he j udgm ent dat ed

24.06.2025 is ext ract ed bellow: - “ 1. Though we are not inclined t o int erfere wit h t he im pugned j udgm ent and order, we are of t he view t hat t his is a m at t er wherein t he writ pet it ion it self should be t aken up and disposed of on 30.06.2025, t he dat e on which t he writ pet it ion is slat ed t o be list ed or such ot her earlier dat e t he High Court m ay fix.” 3

2. Wit h t hese observat ions, t he special leave pet it ion is disposed of.”

6. Today, in t he m orning, a m ent ion was m ade by learned counsel for t he pet it ioner on t he pret ext t hat t he case m ay be t aken up out of t urn and t he pet it ioner be perm it t ed t o appear in t he exam inat ion, which is scheduled t o be held, on 26.07.2025.

7. When t he case was t aken up, a specific query was m ade t o learned counsel appearing t he pet it ioner as t o whet her t he pet it ioner was grant ed adm ission by t he College and whet her she has deposit ed t he fee wit h t he college, in reply t heret o, t he learned counsel for t he pet it ioner conceded t hat t he pet it ioner has not deposit ed any fee wit h t he college.

8. Learned counsel for t he respondent / Universit y has drawn at t ent ion of t his Court t o t he Minut es of t he Meet ing of t he Counseling Board held on 07.12.2023, wherein t he respondent / Universit y had request ed for filling up of one seat , which fell vacant on non- j oining of t he select ed candidat e; t hat t he Counseling Board cam e t o conclusion t hat since last dat e of adm ission i.e. on

30.11.2023 has already passed, t herefore, t he respondent no.2/ Universit y cannot be direct ed t o give 4 adm ission t o anot her candidat e and t he Minist ry of Aayush, Governm ent of I ndia be request ed t o ext end t he dat e of counseling and, only aft er t he decision by t he Minist ry of Aayush, furt her act ion would be t aken.

9. During t he course of argum ent s, learned counsel for pet it ioner was asked as t o why pet it ioner was grant ed adm ission by t he college. Even while replying t he said query, t he learned counsel pet it ioner did not disclose t hat t he pet it ioner has not deposit ed any fee wit h t he college. When t he Court was again and again asking t he pet it ioner as t o why pet it ioner was grant ed adm ission by t he college, t hen t hat quest ion was avoided by learned counsel for t he pet it ioner.

10. From t he above fact s, it is apparent ly clear t hat t he regularit y body i.e. Counseling Board as not issued any allot m ent let t er in favour of t he pet it ioner perm it t ing her t o t ake adm ission in any College leave alone College of respondent no.2. Furt herm ore, neit her she was adm it t ed by t he College i.e. respondent no.2 nor she has deposit ed any fee, t herefore, t he writ pet it ion is devoid of m erit s and is likely t o be dism issed wit h an exem plary cost , quant ified t o t he t une of 5 ₹50,000/ -

11. Accordingly, t he writ pet it ion is dism issed wit h cost of ₹50,000/ - . Pet it ioner is direct ed t o deposit t he aforesaid cost in t he bank account of ‘Ut t arakhand High Court Lawyers Welfare Fund’, wit hin a period of four weeks’ from t oday. I n case, t he aforesaid am ount is not deposit ed wit hin t he st ipulat ed period, t he said am ount shall be recovered from t he pet it ioner t hrough Collect or, Dehradun, as arrears of land revenue. ( G. N A REN D A R, C.J.) ( A LOK M A H RA , J.) Dat ed: 24.07.2025 BS BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7ce8640c 5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC00A7A13 C14A680C3FA90, cn=BALWANT SINGH 6