Union of India v. Dr Vijay Ayurvedic College Hospital & Research Centre & Anr

1. The appellant/Union ofIndia is aggrieved by a common interim order dated 14.11.2018, passed by the learned Single Judge in a batch of writ petitions filed by the respondent/colleges, challenging the order passed by the Union ofIndia declining them permission to grant admission to students of the BAMS and BHMS (UG) Course for the academic session 2018-2019. In the impugned order, relying on an order dated 11.10.2018, passed by a Coordinate Bench in W.P.(C)No.10959/2018 entitled Beehive Ayurved Medical College and Hospital Vs. Union ofIndia, permission was granted to the respondent/colleges to proceed with admissions in terms of the public notice dated 15.9.2018/27.9.2018, subject to the outcome ofthe writ petitions. Further, the respondent/colleges were permitted to file their response to the on-site reports/reports of the Local Commissioners, appointed in each case,to inspectthe colleges in question.

2. The two-fold grievance of the appellant/Union ofIndia is that while passing the interim order,the learned Single Judge has ignored the dicta of the Supreme Court in the case ofTamilNadu Dr. MGR University Vs. SVES Educational&Social Trust, decided on 12.12.2018,wherein issuance of interim directions by the High Court,granting provisional admissions in the educationalinstitutions had been deprecated and secondly,ithas been urged thatthe learned Single Judge erred in appointing a CourtCommissioner for LPA 187/2019& connectedmatters pggg2of[4] an on-site inspection ofthe respondent/colleges as a Court Commissioner cannot be treated as an expertin the field.

3. Counsel for the parties state that the writ petitions are pending adjudication before the learned Single Judge and are listed on 31.10.2019. We are further informed that on the basis of the impugned order, the respondent/colleges have already granted provisional admission to the students for the Academic Session 2018-19, subject to the outcome ofthe writ petitions. It is thus stated that the present appeals have been rendered infiructuous.

4. The said submission is however disputed by learned counsel for the appellant/Union of India, who state that irrespective of the provisional admission made by the respondent/colleges, the two issues raised above remain alive for consideration by the learned Single Judge at the time of addressing final arguments. Itis soughtto be clarified thatthe pleastaken in the present appeal to oppose the impugned order have already been taken in the countei affidavits filed by the Union of India in the respective writ petitions ofthe respondent/colleges.

5. That being the position,the present appeals are disposed ofalongwith the pending applications with liberty granted to the appellant/Union ofIndia to pressthe objections taken in the present appeals before the learned Single Judge atthe time ofaddressing final arguments.

6. It is however clarified thatin view ofthe decision ofthe Supreme Court referred to above, no equities shallflow infavouroftherespondent/colleges LPA 187/2019&connectedmatters Page3of[4] on the basis of the provisional admissions granted to the students forthe Academic Session 2018-19. HIMA KOHLI,J ASHA MENON,J AUGUST 21,2019 NA LPA 187/2019& connectedmatters ^