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[2025:RJ-JP:44562] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10885/2025 Amit Son Of Shri Koja Ram, Aged About 21 Years, Resident Of Jaton Ka Bas, Todiyana, Paldi Ranawatan, Jodhpur, Rajasthan-
342901. ----Petitioner Versus
1. Union Of India, Through Secretary, Ministry Of Ayush, Ayush Bhawan, B-Block, Ina, New Delhi - 110023.
2. Ministry Of Health And Family Welfare, Through Its Secretary, Nirman Bhawan, New Delhi - 110011.
3. Vice Chancellor, National Institute Of Ayurveda, Amer Road, Jaipur - 302002
4. Dean (Ug), National Institute Of Ayurveda, Amer Road, Jaipur - 302002 ----Respondents For Petitioner(s) : Mr. K. N. Sharma For Respondent(s) : Mr. Prashant Chaturvedi HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 06/11/2025
1. Present petition is filed with the following prayers:-
“(i) Quash and set aside the Office Order No. F.1(5)/NEET/Education/2022-23/445-55
dated 30.04.2025 passed by the Dean (UG), National Institute of Ayurveda, Jaipur. (ii) Direct the respondent-Institute to immediately allow the petitioner to attend regular classes, be marked present in attendance and permit him to appear in examinations, subject to fulfillment of attendance criteria. (iii) Any other order or direction which this Hon'ble Court may deem just and proper in the facts and
[2025:RJ-JP:44562] (2 of 3) [CW-10885/2025] circumstances of the case may also be passed in favour of the petitioner.”
2.
Learned counsel for the petitioner has submitted that the petitioner is aggrieved of his suspension order dated 30.04.2025 passed by the National Institute of Ayurveda, Jaipur in relation to the course of the Bachelors Studies of Ayurveda Medicine and Surgery on account of alleged malpractice qua impersonation in the NEET U.G. 2024 examination.
3. It is further submitted that matter at hand is identical on the
facts and is covered by dictum enunciated in S.B. C.W.P. No. 8864/2025 titled Vikas Vishnoi Vs. Controller of Examinations & Ors., wherein on akin facts and circumstances, petitioners therein have been granted relief vide order dated
23.05.2025. The relevant portion of the aforesaid order is reproduced as under:-
"36. The petitioners' suspension order(s) in each of the writ petitions are, hereby, quashed. Their suspension shall naturally be treated quashed from the order instant.
37. The respondent-college(s) shall forthwith allow them to attend classes. In case, petitioners fulfill the requisite attendance criteria, they shall be allowed to appear in the ensuing examination in accordance with law.
38. The petitioners shall be allowed to complete their course, but the respondents shall neither issue them degree nor shall they be registered, unless the trial is concluded and they are acquitted of the charges.
39. In case, the petitioners are held guilty in the trial, the NMC shall be free to take appropriate decision in accordance with law, which may include even cancellation of their admission in the medical course.
[2025:RJ-JP:44562] (3 of 3) [CW-10885/2025]
40. Needless to observe that in case, the petitioners are acquitted, then obviously, they shall be issued degree(s) as soon as they acquitted.
41. Stay applications also stand disposed of, accordingly."
4.
Learned counsel for the respondents has vehemently opposed the prayer of the present petition. Howsoever, neither he is able to dispute or distinguish the order dated 23.05.2025 from the preset case, nor he is able to put on record any appeal or interim order vis-a-vis the aforesaid order till date.
5. In light of the aforesaid facts and circumstances, a similar relief is granted in favor of the petitioner herein and the principles laid down in order dated 23.05.2025 passed in the case of Vikas Vishnoi (supra) shall apply mutatis mutandis to the matter at hand.
6. Present petition is, accordingly, allowed in above terms.
(SAMEER JAIN),J Pooja /350