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2025 DAILYLAW 15475 (UTT)

RAJESH KUMAR v. THE KURMANCHAL NAGAR SAHKARI BANK LTD

WPMS/1070/2025 · 2025-04-16

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No.3161 of 2019 With WPMS No. 3134 of 2019 WPMS No.3136 of 2019 WPMS No.3140 of 2019 WPMS No.3167 of 2019 WPMS No.207 of 2021 WPMS No.461 of 2021 WPMS No.933 of 2021 WPMS No.1007 of 2022 WPMS No.3429 of 2022 WPMS No.48 of 2026 WPMB No.1070 of 2025 WPMS No.409 of 2023 WPMS No.3094 of 2024 WPMS No.1062 of 2025 WPMB No.474 of 2025 WPMB No.563 of 2025 WPMS No.933 of 2021 Hon’ble Alok Mahra, J. Mr. T.A. Khan, learned Senior counsel along with Mr. Navneet Kaushik along with Mr. Niranjan Bhatt, learned counsel for the petitioners. 2. Mr. Manoj Kumar, learned Standing Counsel for the Union of India. 3. Mr. Devendra Pant, learned Standing Counsel for the State. 4. Ms. Abhilasha Tomar, proxy counsel for Mr. Sandeep Kothari, learned counsel for respondent no.4. 5. Mr. Piyush Garg, learned counsel for the intervener. 6. Since all these petitions raise identical issues concerning the dispute relating to admission to the B.A.M.S. course for academic sessions 2018-2019, 2019-2020, 2020-2021, they are being heard together. 7. Learned counsel for the petitioners would submit that the present writ petitions have been filed seeking a direction to respondent no. 2 to enroll the students admitted by the petitioners’ college and to permit them to appear in their practical as well as semester examinations in the B.A.M.S. course. 8. Learned counsel would further submit that admission to the B.A.M.S. course was made subject to qualification in NEET pursuant to the Central Government Notification/Regulation dated 07.12.2018, whereby NEET was prescribed as a mandatory eligibility criterion for admission to the said course. It is submitted that NEET was introduced for the first time in the academic session 2018–2019, which resulted in the filing of several writ petitions across the country challenging the requirement of NEET as an essential qualification for admission to the B.A.M.S. course; that, the issue ultimately reached the Hon’ble Supreme Court, which, in Association of Managements of Homeopathic Medical Colleges of Maharashtra v. Union of India & Ors. reported in (2019) 20 SCC 511, held that for the academic session 2018– 2019, qualification in NEET was not an essential requirement for admission to the B.A.M.S. course. Thereafter, in subsequent civil appeals, the Hon’ble Apex Court relaxed the condition of mandatory NEET qualification and permitted students who were otherwise eligible to continue their studies for the academic session 2019–2020 and 2020-2021 . It is submitted that most of such students have already completed their course, while a few are still pursuing the same. 9. Learned counsel submits that the students concerned in the present writ petitions were earlier permitted to appear in the examinations pursuant to interim orders passed by this Hon’ble Court. It is further submitted that the next practical and semester examinations are scheduled to be held on 27.01.2026. Therefore, it is prayed that the petitioners be permitted to appear in the examination scheduled on 27.01.2026, subject to the final outcome of the present writ petitions. 10. In view of the foregoing facts and purely in the interest of justice, the students who were admitted in the Academic Sessions 2018-2019, 2019– 2020 and 2020-2021 shall be provisionally permitted to appear in the examination scheduled to be held on 27.01.2026. 11. List the case in due course. (Alok Mahra, J.) Vacation Judge 23.01.2026 Mamta