MAHARAJA EDUCATION TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner wanted to open an Ayurvedic Medical College and in that regard, filed necessary application seeking affiliation. Processing was done by the concerned authorities and the petitioner was awaiting grant of No Objection Certificate from the State of Karnataka. After No Objection Certificate was granted by the State of Karnataka, the petitioner took up the matter at the next level and filed an application before respondent No.3-National Commission for Indian System of Medicine for approval by respondent No.4 paying necessary fees. Respondent No.4 by order dtd. 16/3/2022 (Annexure-J) rejected the application solely on the ground that regulations required the petitioner to file the application on or before 31/10/2021 for the academic year 2022-2023 and the application was made by the petitioner before the Competent Authority only on 26/2/2022.

(2.) Learned counsel for the petitioner submits that the petitioner could not file the application before 31/10/2021 in order to seek approval of respondent No.4 only on account of the fact that its application requiring affiliation was not processed with the required dispatch by the concerned authorities including respondent No.6 and No Objection Certificate was granted only on 9/2/2022 (Annexure-G) and respondent No.6 communicated it to respondent No.3 only on 25/2/2022. On account of the same, the petitioner could file its application before respondent No.3 only on 26/2/2022.

(3.) Learned counsel for respondent No.4 does not dispute the above factual situation. However, she further contended that writ of mandamus directing the respondents to grant permission to admit the students in petitioner's College cannot be granted at all.