Jay Jalaram Homeopathic Medical College v. Union Of India & ANR

$~2&3.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 180/2017 & C.M.No.10520/2017 (directions) JAY JALARAM HOMEOPATHIC MEDICAL COLLEGE ..... Appellant

Versus

UNION OF INDIA & ANR ..... Respondents + LPA 182/2017 & C.M.No.10527/2017 (directions) SHRI MERCHANT CHARITABLE TRUST ..... Appellant

Versus

UNION OF INDIA & ANR ..... Respondents Present:- Mr.Chetan Sharma, Sr.Adv. with Mr.Joginder Sukhija, Adv. for the appellants.

Ms.Manisha Agrawal Narain, Adv. for R-1/UOI.

Mr.Kundan Kr.Mishra, Adv. with Mr.Ajay Kumar, Adv. for R-2/CCH.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 23.03.2017 C.M.No.10521/2017 (exemptions) in LPA No.180/2017 C.M.No.10528/2017 (exemptions) in LPA No.182/2017 Allowed subject to all just exceptions.

LPAs No.180/2017 & 182/2017 1.

By the orders under appeal dated 01.03.2017, the learned Single Judge dismissed C.M.No.6392/2017 in W.P.(C) No.10897/2016 and C.M.No.6391/2017 in W.P.(C) No.10921/2016 filed by the appellants herein seeking a direction to the respondent to allow the petitioners to take LPA 180/2017 & LPA 182/2017

admission of students for the Academic Year 2016-2017. 2.

We have heard the learned counsel for both the parties. 3.

Apparently, the learned Single Judge was of the view that at this stage such a relief cannot be granted. Though we do not find any justifiable reason to hold that the orders under appeal suffered from any infirmity, keeping in view the specific plea of the appellants/writ petitioners that the issue involved in the petitions is squarely covered by the decision dated 03.02.2017 of the High Court of Gujarat in the case of Parul University Vs. Union of India & Anr., Letters Patent Appeal No.1475/2016 and, more particularly, that the writ petitions would be rendered infructuous since the admissions would be closed on 31.03.2017, we are of the view that it would be appropriate to advance the hearing of the writ petitions. 4.

Accordingly, the writ petitions be listed before the learned Single Judge on 27.03.2017 for directions. Since the pleadings are stated to be complete, we request the learned Single Judge to dispose of the main writ petitions as expeditiously as possible.

5.

The date fixed in the writ petitions as 17.04.2017 shall stand cancelled.

The appeals are accordingly disposed of.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J MARCH 23, 2017 'anb'

LPA 180/2017 & LPA 182/2017