- (1.) Since the controversy and facts involved in the aforesaid connected writ petitions are the same, therefore, they are being heard together by a common order with the consent of the parties.
(2.) The petitioner is a Society registered under the Societies Registration Act, 1860. It runs Homeopathy College, Hospital and Research Centre. The petitioner, in the companion Civil Misc. Writ Petition No. 35634 of 2018, is a students for admission in the PG Course in Academic Session 2018-19. This Court, in its order dated 20.12.2018, has refused to grant interim order for admission and having regard to the facts of the case, the matter was listed for final disposal in the last week of January, 2019. Due to paucity of time, the matter could not be taken up. In the meantime, the petitioner has moved an application for early hearing on the ground that in the similar matter the Supreme Court in Civil Appeal No. 1393 of 2019, arising out of S.L.P. (Civil) No. 766 of 2019 (Association of Managements of Homeopathic Medical Colleges of Maharashtra vs. Union of India and others) has passed an order in the following terms: "Though the last date for admission to the BHMS course was 15th November, 2018, we are informed that the last date was extended till 20th December, 2018 by the Allahabad High Court. Though there is no agreement on the exact number of vacant seats, it is common ground that there are vacant seats for admission to the 1st year BHMS course in the State of Maharashtra. As there is no uniformity in the matter of admission to the 1st year BHMS course for the year 2018-19, as securing minimum marks in NEET is not required in some States pursuant to orders of the High Courts, we are of the opinion that the Appellants are entitled to the relief of admissions being made without reference to the letter dated 11th June, 2018 of Respondent No.1 and the consequential notice of Respondent No.3. In other words, the Appellant-Association should be permitted to make admissions to the 1st year BHMS course for the academic session 2018-19 on the basis of the eligibility criteria mentioned in the information brochure dated 5th February, 2018. A candidate who has secured minimum marks in the NEET UG-2018 shall be eligible for admission to the 1st year BHMS course for the academic year 2018-19. As two months have passed after the last date of admission to the 1st year BHMS course i.e. 15th November, 2018, we direct the Appellants to complete the process of admissions strictly on the basis of the merit by 15th February, 2019. The Managements of the colleges are directed to hold extra classes for students who will be admitted pursuant to this order to comply with the requirements of minimum working days. This order which is passed in the peculiar facts of the case shall not be treated as a precedent. No opinion is expressed by us regarding the introduction of the minimum percentile as an eligibility criteria in the NEET examination."
(3.) Following the said order, we have passed an interim order in these two writ petitions in respect of the admission of the under-graduate students.;