DEVARAJA URS EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) 1st petitioner is a Society, 2nd petitioner is a college which is run by the Society. The 2nd petitioner is desirous of starting BAMS course and sought permission from the respondent No.5. The required No Objection Certificate has been issued by respondent No.5-the Rajiv Gandhi University of Health Science, the university to which the petitioner would be affiliated if it were to start the course of BAMS and respondent No.6-the State of Karnataka. The petitioner was required to obtain necessary permission from respondent Nos.2 to 4 pursuant to issuance of NOCs from respondent Ns.4 and 5. However, the request of petitioners to commence the course of BAMS from the academic year 2022-2023 was rejected by 4th respondent on the ground that the necessary NOCs have been issued after the last date for submission of the application. Aggrieved by the same, the instant petition is filed.

(2.) The case of the petitioner is that it has spent considerable money to establish necessary infrastructure and if they are not permitted to start the said course only on the technical ground that there has been delay in submission of the application, the investment will go waste. It is further alleged that there was delay in the necessary request due to Pandemic and other unforeseen conditions. It is further urged that it is not the case of the respondents that permission is denied on the ground that the petitioner lacks necessary infrastructure or does not have the necessary resources to commence the said course. On the said grounds, it is prayed that the impugned letter rejecting their application be quashed and authorities be directed to process the request.

(3.) Per contra, the learned counsel for respondent Nos.2 to 4 submits that there was delay on the part of the petitioner in approaching respondent Nos.5 and 6 because of which the NOCs which ought to have been issued prior to 31/10/2021 has been issued belatedly on 31/3/2022, because of which the application of the petitioner to commence the college from the academic year 2022-2023 has been rejected. It is further submitted that if the petitioner were to make necessary requests for the academic year 2023-2024, the same shall be processed. On the said ground, it is prayed that the writ petition be dismissed. She further submits that the last date is fixed because it takes some time for respondent Nos.2 to 4 to process the application of the petitioner and make necessary inspections to take a decision in this regard.