KVG AYURVEDA MEDICAL COLLEGE Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has sought for the following:

(2.) Learned counsel for the petitioner submitted that for the purpose of renewal for grant of permission for a period not exceeding five years to the petitioner - K V G Ayurveda Medical College and Hospital was granted during the period of from 2016-17 to the academic session 2020-21. In this regard, respondents proceeded to issue show cause notice on 30th April, 2019. Thereafter, two officials members' committee was constituted for recording the petitioner's submission and it was recorded and forwarded to respondent No.1. Respondent No.1 proceeded to pass orders while holding certain shortcomings, which has stated in Annexure-A dated 1.7.2019. Learned counsel further submitted that under Regulations called Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Ayurveda Colleges and attached Hospitals) Regulations, 2016 issued on 7.11.2016. as amended. Sub-Regulation 2 of Regulation 3 of the Regulations notified on 7.11.2016 reads as under:

(3.) Further it was submitted that if the proceedings read with show cause notice issued to the petitioner is by two official members. Consequently, the order is required to be passed by such members who have heard the petitioner and not by the third party like 1st respondent. In this regard, he has cited decision or the Division Bench of this Court passed in WP No.111713/2019 (DD 15.72019). This Court relied on the Supreme Court decision in the case of Gullapalli Nageswara Rao and others -vs- Andhra Pradesh State Road Transport Corporation and another reported in AIR 1959 SC 308. The relevant extract of the Division Bench at paras-11 and 12 read thus: