Dinesh Mehta. J. - (1.) Learned counsel for the petitioners contends that the requisite number of students could not qualify the All India AYUSH Post Graduate Entrance Test (AIA-PGET) and many seats are still lying vacant. He prayed that by an interim order, the petitioners be permitted to give admission to the eligible students in PG course based on their educational qualification i.e. 'degree examination, after undergoing the course of study in Homeopathy', as stipulated in PG Regulations No. 4 of Homeopathy Post Graduate Degree course, MD Homeopathy Regulation, 1989.
(2.) Learned counsel invited attention of the Court towards an interim order dated 15.11.2018, passed by the Coordinate Bench of this Court in identical circumstances. Said interim order reads thus:- "Heard. Issue notice. Issue notice to stay petition. Mr. B.L. Bhati, Advocate has already appeared on behalf of respondent No. 3. Let notices be issued to the respondents Nos. 1, 2 and 4, returnable in four weeks. In the meanwhile, the respondent No. 3 is directed to issue advertisement regarding counselling for grant of admission in Post Graduate Course in Homeopathy with the stipulation that those fulfilling the eligibility criteria other than minimum qualifying marks in All India AYUSH Post Graduate Entrance Test (AIA- PGET)-2018 would be eligible for grant of admission and hold counselling of such candidates within a period of three days from date of issuance of advertisement. However, it is made clear that while holding the Counselling and granting admission to the students including the students who have not qualified AIA-PGET, preference will be given to the candidates who have qualified AIA-PGET-2018. Regarding the students who are admitted to the Course without obtaining the minimum qualifying marks in the AIA-PGET- 2018 stipulation would be indicated that their admission shall subject to the final outcome of the writ petition." 2. Relying upon the said interim order, learned counsel for the petitioners submits that identical interim order be passed in the present case too.
(3.) Notwithstanding, the above submission, learned counsel fairly invites attention of the Court towards amendment introduced by the notification dated 14.11.2014, particularly the following part, which is reproduced hereinfra:- "2. In the Homeopathy (Post Graduate Degree Course) M.D. (Hom.) Regulations, 1989, in regulation 4, for sub-regulation (2), the following sub-regulation shall be substituted, namely:- (2) (i) There shall be a uniform entrance examination to all medical institutions at the postgraduate level namely, the All India AYUSH Post Graduate Entrance Test (AIA-PGET) in each academic year and shall be conducted by an authority designated by the Central Government: Provided that the said All India AYUSH Post Graduate Entrance Test (AIA-PGET) shall not be applicable for foreign national's candidates. (ii) In order to be eligible for admission to postgraduate course for an academic year, it shall be necessary for a candidate to obtain minimum of marks at 50th Percentile in the 'All India AYUSH Post Graduate Entrance Test (AIA- PGET)' held for the said academic year:" ;