KVG AYURVEDA MEDICAL COLLEGE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner - Institution being aggrieved by the memorandum/order dated 07.08.2019 issued by the 1st respondent - State Government, Department of AYUSH, including the petitioner institution in the list disentitling such institution to participate in the common counseling for the purpose of admitting students to undergraduate (BAMS) and Post Graduate courses, in the seat matrix for the academic year 2019-20.

(2.) Sri Madhusudhan.R.Naik, learned Senior Counsel appearing for the petitioner institution submits that the petitioner institution was established in the year 1996. The institution is attached with a hospital with 100 beds, catering to the people, mostly of rural and mofussil area in the outskirts of Mangaluru city, treating the ailing, by practice of Indian Medicine (Ayurveda). The institution was permitted to increase the intake capacity from 60 to 100 in the academic year 2016-17, by the orders of the Government of India. The petitioner institution is affiliated to the Rajiv Gandhi University of Health Sciences, Bengaluru. The petitioner institution is imparting the courses as recognised in terms of the Indian Medicine Central Council Act, 1970 (for short 'IMCC Act').

(3.) The petitioner institution was granted permission, on the recommendation and visitation report of the 5th respondent Central Council of Indian Medicine (CCIM) to increase the admission capacity from 60 to 100 seats in existing UG (BAMS) Course from the academic session 2016-17 to the academic session 2020-21, under Section 13(A) of the IMCC Act. The learned Senior Counsel submits that the CCIM carried out an inspection of the institution on 13/14.03.2019. On inspection, the CCIM forwarded its recommendation and inspection report vide letter dated 24.04.2019 to the Ministry of AYUSH. Following the said recommendation, a notice dated 30.04.2019 was issued, pointing out to certain deficiencies in the petitioner institution and explanation was called for. It is further submitted that inspite of an explanation offered by the institution and a Two Member Committee recording the submission of the institution, the Ministry of AYUSH issued an order dated 01.07.2019 canceling the permission to admit students for the academic year 2019-20.