KRISHNARAJENDRA CHARITABLE TRUSTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the orders dated 12.01.2017 and 13.10.2017 only to the extent of withdrawal of earlier permission granted for a period not exceeding 5 years from the academic session 2014-15 to the academic session 2018-19 with the intake of 45 seats as per letter dated 11.08.2014 and for other consequential reliefs, issued by respondent No.1 at Annexures-J and P respectively.

(2.) The petitioner is an Education Trust running the Ayurvedic Medical Institution with the permission of the State Government, affiliated to the respondent No.3 University. The Central Council for Indian Medicine ('CCIM' for short) has notified the Indian Medicine Central Council (Minimum Standard of Requirements of Ayurveda Colleges and Attached Hospitals) Regulation of 2012 ('Regulations 2012' for short). Under the said Regulations, the Central Government had granted permission to the petitioner institution for a period of 5 years vide order dated 11.08.2014 from Academic Year 2114-15 till the Academic Year 2018-19 to the effect that the institution would not be inspected except for random checks on receipt of any complaint or otherwise as deemed necessary either by the Central Government or by the CCIM as specified in Sub-Regulation (2) of Regulation 3 of the Regulations of 2012. It transpires that for the academic year 2015-16, the petitioner institution with a desire to increase the intake capacity of Bachelor of Ayurvedic Medical Science (BAMS) seats from 45 to 60, had made an application to the Central Government by submitting the scheme. The CCIM, an expert body had conducted an inspection of the institution to verify the minimum standard requirements for increase in intake from 45 to 60 seats. It appears, the Central Government had constituted a Surprise Inspection Team and conducted a surprise inspection on 29.10.2015. In furtherance, the Central Government had issued a show cause notice dated 10.02.2016 to the petitioner under Section 13(A) of the Indian Medical Council Act 1970 ('IMCC Act' for short), which culminated in the order withdrawing the earlier permission granted on 11.8.2014 for a period of 5 years and granted conditional permission to conduct BAMS course for the academic year 2016-17. The respondent No.3 University also had conducted an inspection on 02.03.2017 for consideration of grant of continuation of affiliation to the petitioner institution for the Academic Year 2017-2018 and had recommended for grant of continuation of affiliation to the petitioner institution. The State Government also had conducted an inspection of the petitioner institution on 22.4.2017 and had recommended for the increase of intake capacity of the institution.

(3.) It is the grievance of the petitioner that the Central Government having conducted a surprise visit arbitrarily, had noted several deficiencies and passed the order impugned refusing permission to the petitioner institution to conduct the BAMS course for the Academic Year 2017-18 under Section 13(C) of the IMCC Act. Hence, these writ petitions.