Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders

The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association of self financed homeopathy colleges in Gujarat, until disposal of the writ petition.  

A bench Justice B R Gavai, Justice PS Narasimha and Justice Prashant Kumar Mishra said that the Apex Court has deprecated the practice of directing admission by interim orders time and again. However, it refused to interfere with the order of the High Court since it had been specified that the admission would be subject to the outcome of the petition.

“However, since the High Court has stated that the admissions shall be subject to the outcome of the present petition, we are not inclined to interfere, though we deprecate such a practice. “ the Apex Court stated in its order.

The Apex Court however, directed the High Court to dispose the writ petition expeditiously, setting a time frame of six weeks as the outer limit.

Swanirbhar Homeopathic Medical College Sanchalak Mahamandal (Respondent in the SLP), had approached the Gujarat High Court, aggrieved that the National Commission for Homeopathy (Petitioner in the SLP) did not grant admission in its colleges, to students who had not obtained minimum of marks of 50 percentile in the All India AYUSH Post Graduate Entrance Test (AIAPGET) for the academic year 2022-23 as per Sub-regulation 2 of Regulation 4 of the Homeopathy (Post Graduate Degree Course) M.D. (Hom.) Regulations, 1989 (PG Regulations). The case of the petitioner was that this regulation had been quashed and set aside by a Division Bench of the Karnataka High Court in Karnataka Private Homeopathic Medical Colleges Management Association and Others vs. Union of India in its order dated 31.08.2021.

The High Court granted interim relief to the petitioner association, directing the respondent to permit the colleges of the association, to admit the students in the vacant seats. They were also directed to extend the course of post-graduation keeping in mind the summer vacation in colleges.

“..when there is no stay granted against the said decision, it was expected from the respondent authority and particularly respondent no. 2 that equal treatment should have been granted to those students who are eligible for admission in post graduate course as per Regulation 4(1) and ought not to have compelled colleges of the State of Gujarat to approach this court. When the amended sub-regulation 2 of Regulation 4 has been quashed and set aside after interpretation of the same which is applicable to all the homeopathy colleges in the entire country of India, it is not expected from respondent no. 2 to take illegal technical objection that admissions have been over on 08.04.2023. In fact, the authority ought to have granted admission to all students complying with the conditions referred in sub-regulation 1 of Regulation 4 of the PG Regulations and particularly when no student is affected if those students are admitted in the post graduate courses.” The Gujarat High Court had reasoned, while granting interim relief. 

Case Title: National Commission For Homeopathy V. Swanirbhar Homeopathic Medical College Sanchalak Mahamandal Gujarat State & Ors., Special Leave to Appeal (C) No(s). 17469/2023

Citation : 2023 LiveLaw (SC) 726

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