KRISHNARAJENDRA CHARITABLE Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) PETITIONERS have sought for a mandamus directing the respondents to take note of grant of permission under S.13(C) of the IMCC Act, 1970 by the Central Government in terms of communication dated 20.8.2010 - annexure D and approve the admissions of students admitted for the academic year 2009-10 to BAMS course, as sought for by the petitioner College under request letter dated 11.11.2010 and for a declaration that in the light of grant of permission under S.13(C) of the Act which dates back to the date of establishment of the institution, the endorsement communication dated 15.12.2009 - annexure H is unenforceable and Indian Kanoon -

(2.) SRI Krishnarajendra Charitable .. vs Government Of India on 10 October, 2012 invalid and also to quash the order dated 24.7.2009 - annexure C by the 1 st 7 respondent . Petitioners are the Institution as well as students who have been pursuing BAMS course in Indian Medicine. They are before this Court for non-approval of the admissions for the academic year 2009-10 on the basis of communication of the order dated 24.7.2009, by which on suo motu inspection being conducted, the case of the petitioners has been rejected pointing out certain deficiencies which, according to the petitioners, is without proper notice and without considering the very effect of the permission which had been granted on minimum conditions being satisfied. According to the learned senior counsel, this Court has granted interim order permitting petitioners 2 to 46 to appear for I year BAMS examinations scheduled to commence during 2010. Petitioners are before this Court on the ground that for the subsequent year i.e., 2010-11, Government of India has granted permission for admission to 45 seats acting under S.13(C) of the Act. Accordingly, senior counsel has argued that annexure C is non-est and cannot be acted upon. 8 Heard the counsel representing the respective parties. According to the counsel representing the 2 nd respondent, the very order at annexure C is for the academic year 2009-10. Accordingly, petitioners/candidates were permitted to appear for the examination and they cannot seek equity. As per the inspection report, certain deficiencies were pointed out and the petitioner college had only six teaching faculty as against requirement of 35 teachers and thus, the college is not having even 80% eligible teachers. There is non-compliance as such, the Council has decided not to grant permission for admission to BAMS course in the Indian Kanoon -

(3.) SRI Krishnarajendra Charitable .. vs Government Of India on 10 October, 2012 Certain deficiencies which were pointed out by the Health Ministry at 11 annexure D is to appoint teachers either on contact basis/part time/full time. Since already the course has been completed and petitioners students have appeared for the examinations pursuant to the permission granted by this Court by way of an interim order and since already a decision has been taken by the 1st respondent having accorded approval for the academic year 2010-11 as noticed by the Division Bench in the above cited writ appeal, it would not be appropriate to deny approval for one year in between. Accordingly, the impugned order at annexure C is quashed thereby directing the concerned respondent authorities to accord approval of admission of students by the 1st petitioner institution and to declare the results, if not already declared. Petitions are allowed.