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2025 DAILYLAW 121919 (ALL)

JAY VARDHAN SINGH AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY., DEPTT. OF AYUSH, LUCKNOW AND OTHERS

WRIC/1361/2024 · 2025-07-25

Pankaj Bhatia

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43077 Court No. - 7 Case :- WRIT - C No. - 1361 of 2024 Petitioner :- Jay Vardhan Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy., Deptt. Of Ayush, Lucknow And Others Counsel for Petitioner :- Rajat Rajan Singh,Vidhu Bhushan Kalia Counsel for Respondent :- C.S.C.,Devak Vardhan,Savitra Vardhan Singh,Umesh Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner, Shri Devak Vardhan, learned counsel for respondent No.4, Shri Umesh Singh, learned counsel for respondent No.6 and learned Standing Counsel. 2. The present petition has been filed by the petitioner claiming parity with the benefits granted by the Hon'ble Supreme Court in SLP (Civil) No.4799 of 2022 (National Commission For Homeopathy Vs. The Karnataka Private Homeopathic Medical Colleges Management Association & Others) vide judgement and order dated 24.07.2023. The petitioners are students of BAMS course with respondent No.5-Institution. 3. It is claimed that initially respondent No.5-Institution was granted approval only for filing 30 seats. Subsequently, the approval was extended to 60 seats and on the basis of the said subsequent approval, the petitioners had taken admission with respondent No.5-Institution. However, the petitioners were not permitted to take the examination. It is further argued that the benefit of taking examination has been denied mainly on the ground that the benefits, that were extended by the Hon'ble Supreme Court, was in respect of academic year 2021-22, whereas the petitioners were admitted in the academic period of 2020-2021. However, the approval to respondent No.5 for filling the seats was granted subsequently in the year 2022. 4. In short, it is argued that now the benefit is not being extended as the petitioners did not qualify the NEET examination, whereas the benefits were extended to the similarly placed students, who had even not participated in the NEET examination, by the Supreme Court. 5. Considering the fact that admittedly, the students did not qualify the NEET examination, the benefit as claimed cannot be extended as a matter of right. Irrespective of the hardships suffered by the petitioners, no right much less a vested right has been shown to be violated warranting interference under Article 226 of the Constitution of India. 6. The petition lacks merit and is, accordingly, dismissed. Order Date :- 25.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench