CENTRAL COUNCIL OF INDIAN MEDICINE, BY ITS SECRETARY Vs. GOVERNMENT OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE, R/BY ITS SECRETARY, SRI SRI RAVISHANKAR VIDYA MANDIR TRUST, REP. BY ITS IN-CHARGE DIRECTOR, SRI SRI COLLEGE OF AYURVEDIC SCIENCE

JUDGEMENT

(1.) IN these appeals, 2nd respondent/appellant herein is assailing the correctness of the order dated 10/10/2012 passed by the learned Single Judge in Writ Petition Nos. 33838-839/2010. The petitioners/respondent Nos. 2 and 3 herein have filed writ petitions before this Court in W.P. Nos. 33838-839/2010 assailing the correctness of the order dated 7/17.9.2010 passed by the 1st respondent herein and seeking directions, contending that, they are the Trust and the Institution running Ayurvedic Course i.e. BAMS course in Indian Medicine. It is their case that, on account of non approval of the admissions for the academic year 2010-11 on the basis of communication of the order dated 7/17.9.2010, by which on suo motu inspection being conducted, their case has been rejected pointing out certain deficiencies which, according to them is without proper notice and without considering the very effect of the permission which had been granted on minimum conditions being satisfied. Further it is their case that, they have obtained interim order permitting them to make admissions to BAMS Course for the academic year 2010-11 and therefore, they approached this Court on the ground that for the previous years, Government of India has granted permission for admission as against the intake capacity acting under Section 13(C) of the Act and therefore, Annexure-A is non-est and cannot be acted upon.

(2.) THE said writ petitions had come up for consideration before the learned Single Judge on 10/10/2012. Learned Single Judge, after hearing the counsel appearing for both the parties, after perusing the materials available on file and placing reliance on the judgment of the Coordinate Bench of this Court in W.A. No. 3877/2009 and connected matter decided on 21.1.2010 (CCIM, New Delhi Vs. Government of India) and noticing that 2nd respondent/appellant has granted permission for the previous period and subsequently, for the year 2010-11 and after having considered the request of the Institution, on inspection certain deficiencies were pointed out and however, the Institution has already admitted students and the prayer is in respect of the academic year 2010-11 certain deficiencies were pointed out by the Health Ministry and since already one year course has been completed by the students and for the previous years, approval has been granted, has allowed the said writ petitions, quashed the impugned order at Annexure -A and directed the concerned respondent authorities to accord approval of admission of students by the Institution and to declare the results, if not already declared with certain observations. Being aggrieved by the said order, the 2nd respondent/appellant herein has presented these appeals.

(3.) AFTER perusal of the order impugned passed by the learned Single Judge, we do not find any error or material irregularity as such committed by the learned Single Judge in allowing the said petitions with directions. The learned Single Judge, has issued the said directions, following the order passed by the Division Bench of this Court in W.A. No. 3877/2009 and connected matter decided on 21.1.2010 in the case of CCIM, New Delhi Vs. Government of India, after extracting para -8 of the said judgment.