LAWS(KAR)-2019-4-181

HILLSIDE AYURVEDA MEDICAL COLLEGE AND HOSPITAL REP BY ITS SECRETARY UMESH BABU Vs. UNION OF INDIA MINISTRY OF AYURVEDA

Decided On April 10, 2019
Hillside Ayurveda Medical College And Hospital Rep By Its Secretary Umesh Babu Appellant
V/S
Union Of India Ministry Of Ayurveda Respondents

JUDGEMENT

(1.) The petitioner has assailed the order dated 29.09.2018 passed by respondent No.1, inter alia, seeking for a direction to respondent No.1 to accord/grant conditional permission to the petitioner - institution to conduct UG - BAMS Course for the academic session 2018-19 with an intake capacity of 50 seats.

(2.) The petitioner is claiming to be an Ayurvedic Medical College, imparting education in the undergraduate course of BAMS and was established by the 'Bheemachandra Education Trust' in the year 1996 and has since been running the institution without any interruption.

(3.) The petitioner herein is aggrieved by the order dated 29.09.2018 passed by respondent No.1 - Central Government, denying permission for taking admission to the UG (BAMS) Course with 50 seats for the academic year 2018-19; under Section 13(c) of the Indian Medicine Central Council Act, 1970 ('IMCC Act' for short), for the academic session 2018-19, despite having accepted all the submissions/documents placed before the Hearing Committee and the Hearing Committee having drawn up the proceedings, accepting the submissions and documents produced by the petitioner. The order passed by respondent No.1 impugned herein is without application of mind and is passed arbitrarily after the commencement of the academic sessions 2018-19, on the ground stated at paragraph Nos.5 and 9 of the said order which reads as under:-