RAJIV LOCHAN AYURVEDA MEDICAL COLLEGE RUN BY YUVA UTTHAN SAMITI THROUGH SECRETARY Vs. UNION OF INDIA THROUGH SECRETARY

JUDGEMENT

(1.) Heard.

(2.) The petitioner would pray for quashment of the order Annexure P/1 issued by respondent No.1, withdrawing permission granted for a period not exceeding five years in BAMS (UG) Course from the academic session 2016-17 to the academic session 2020-21 vide letter dated 15.11.2016 and at the same time denying permission for conducting 60 seats in BAMS (UG) Course under Section 13A/13C of the Indian Medicine Central Council Act, 1970 (for short 'the IMCC Act, 1970') for the session 2018-19.

(3.) Learned counsel for the petitioner would challenge the order mainly on the ground that in view of the law laid down by the Supreme Court in the matter of Temple of Hanemann Homoeopathic Medical College and Hospital Vs. Union of India and Others, (2018) AIR SC 3699, the Union Government cannot appoint a Committee or the members thereof for conducting field verification for compliance of the standards in AYUSH Colleges. He would submit that vide communicationAnnexure P/3, the Central Government has addressed letters to the members of the Committee constituted for conducting field verification directing them to conduct field verification and pursuant to the said communication, the Chairman of the Committee constituted by the Ministry of AYUSH informed the Principal, Rajiv Lochan Ayurveda Medical College that field verification of compliance of minimum standards shall be undertaken by two members led by Dr. Kandarp Desai, Ex. Director. The members so appointed conducted the field verification and submitted their report, based on which, the present impugned order has been passed.