KARAVALI AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE Vs. UNION OF INDIA MINISTRY OF AYURVEDA YOGA

JUDGEMENT

(1.) The petitioner is a College established by G.R. Educational Trust. The petitioner college has been set up with an object to impart education in Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S). The petitioner (hereinafter referred to as 'the College' for short) in this writ petition has assailed the validity of the order dtd. 1/2/2023, by which Medical Assessment and Rating Board for Indian System of Medicine (hereinafter referred to as 'the Board' for short) has imposed a penalty of Rs.2.75 Crores on the College under Sec. 28(f) of the National Commission for Indian System of Medicine Act, 2020 (hereinafter referred to as 'the Act' for short). The College also assailed the validity of the order dtd. 6/3/2022 passed by National Commission for Indian System of Medicine (hereinafter referred to as 'the Commission' for short), by which appeal preferred by the College under Sec. 24(3) of the Act, against order of the Board dtd. 1/2/2023, has been dismissed. The College has also assailed the validity of the order dtd. 17/3/2023 passed by the Commission, by which conditional permission under Sec. 28 of the Act, for admission for intake capacity of 60 seats in B.A.M.S course for academic session 2022-23 has been denied.

(2.) Facts giving rise to filing of this writ petition briefly stated are that the Trust has established the College in the year 2014 to impart education in B.A.M.S course. The Inspectors of the Commission conducted the inspection of the premises of the College on 30/11/2021 and granted conditional permission to the College on 9/12/2021 for admission in respect of 60 seats in B.A.M.S course for the academic year 2021-22. Thereafter, the premises of the college were again inspected on 12/7/2022.

(3.) The Commission for the first time on 17/8/2022 notified the requirement for the institution to submit CCTV camera footage of the faculty for six months and google time line of the faculty for six months. After a period of five months from the date of inspection, the Commission issued a notice to the College on 19/12/2022, in which seven deficiencies viz., (i) Medicinal plants are not displayed with proper plates. (ii) College Council not constituted as per norms as HOD is not a member of the Council. (iii) Data with regard to research publications details of CME programs, conferences for the academic activities conducted by the institution. (iv) Details of award and achievement by the students and faculty and results of all examination for one year not uploaded. (v) Shortcoming to the extent of 38.15% and 15.29% in average attendance of patients in OPD and average bed occupancy respectively. (vi) Registers of OPD not found signed by the Principal / Superintendents and (vii) Signatures of certain teachers were found to be mismatched.