KISAN DNYANODAYA MANDAL GUDHE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petition has been filed under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction for quashing the order dated 14.08.2012 passed by respondent no.1, declining permission to the petitioner no.1 for admission to the undergraduate course for the academic session 2012-13. Together with the writ petition the petitioner has filed the present application for grant of interim relief. Registry is directed to register the application.

(2.) IT is prayed that during the pendency of the writ petition, the operation of the impugned order dated 14.08.2012, by which petitioner, college has been declined permission for admission to undergraduate course for the academic session 2012-13, may be stayed and the petitioner, college may be permitted to admit students, subject to the outcome of the instant writ petition. In the alternate, it has been prayed that a direction be issued to the respondents to extend the cut-off date of admission from 31.10.2012 to 15.12.2012.

(3.) IT has been submitted by counsel for the petitioner that the stand of the respondent no.1 is factually incorrect, which is evident from the documents placed on record. Mr.Sinha, counsel for the petitioner submits that for the academic session 2012-13, the college was visited by respondent no.2 and thereafter vide letter dated 03.05.2012 respondent no.2 recommended the case of the petitioner college for admitting 50 students for the academic session 2012-13 subject to rectification of certain deficiencies by 31.12.2012. Thereafter, the respondent No.1 vide letter dated 15.05.2012 directed the petitioner college to appear for hearing in terms of the provisions of the first proviso of Section 13A (5) of the IMCC Act, 1970. The sole objection raised by respondent no.1 was with respect to the exaggeration of the bed days occupancy in the IPD as the respondent No.1 was of the view that 43 patients admitted in the month of January, 2011 in the department of Kaya Chikitsa cannot generate 1364 bed days in 31 days. Similarly it pointed out that 8 patients admitted in the month of March in Shalya department cannot generate 257 bed days.