Excel Homeopathy Medical College And Hospital v. Union Of India,

THE HON'BLE ACTING CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(Order of the Court was made by the Hon'ble Acting Chief Justice) These applications have been filed by the applicants to modify the words, namely "the admission made by the respondents", found in paragraph 5 of the order dated 29.4.2022 in W.P.Nos.11129 and 11130 of 2022 as "the admission made by the petitioner institutions".

2. Mr.K.Doraisami, learned senior counsel appearing for the applicants, submitted that when this Court passed an order dated 29.4.2022 in W.P.Nos.11129, 11130 and 11446 of 2022 at paragraph 5, a mistake has been crept, inasmuch as it was recorded as "the admission made by the respondents" instead of "the admission made by the petitioner institutions", and the said typographical mistake needs to be corrected in the interest of the students studying in the applicant institutions.

3. Adding further, learned senior counsel submitted that pursuant to the order dated 29.4.2022, admissions were also made by the applicant institutions.

4. At this juncture, Mr.Rabu Manohar, learned Central Government Standing Counsel appearing for the first respondent and Mr.Rajesh Vivekanantham, learned Deputy Solicitor-General appearing for the second respondent submit that they are ready to argue the main writ petitions. They have also not objected to the rectification of the typographical mistake in the order dated 29.04.2022 pointed out by learned senior counsel for the applicants.

5. Having satisfied with the reasons stated in the affidavits filed in support of the applications and finding that the mistake pointed by learned senior counsel is only a typographical error, the applications are allowed. Paragraph 5 of the order dated 29.4.2022 passed in W.P.Nos.11129, 11130 and 11146 of 2022 shall be read

as under:

"5. Having regard to the submission made by the learned counsel on either side, we make it clear that the admissions made by the petitioner institutions are subject to the result of the Writ Petitions. However, the clarification is confined only to the Writ Petitioners."

6. The Registry is directed to make necessary correction in the order dated 29.4.2022 passed in W.P.Nos.11129, 11130 and 11146 of 2022 and issue a fresh order copy incorporating paragraph 5 as above to learned counsel for the parties.

(T.R., ACJ.) (D.B.C.,J.) 27.02.2023 bbr Note to Registry:

Issue order copy on 28.02.2023

THE HON'BLE ACTING CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

bbr 27.02.2023