(1.) The petitioner, Katyan Shikshan Samiti, situated at Bhopal, Madhya Pradesh, seeks the setting aside of the impugned order dated 19.7.2019 issued by the respondent No.1, Government of India, Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy, i.e. AYUSH declining the grant of issuance of the letter of permission to the petitioner institute to start a new Ayurveda College in the name of Dr.Shankar Dayal Sharma Ayurvedic College & Hospital, Bhopal, Madhya Pradesh with 60 seats in the BAMS/UG course from the academic year 2019-20 under Section 13A of the Indian Medicine Central Council (IMCC) Act, 1970 and vide which letter of intent issued vide letter dated 11.4.2019 as issued to the petitioner, was also withdrawn. The petitioner also seeks direction to the respondent No.1 to issue the letter of permission in favour of the petitioner for starting the said new college for the academic session 2019-20 submitting that all requirements of RMS-2016 have been complied with and the petitioner also seeks directions to the respondent No.1 and 2 to conduct the fresh inspection of the college of the petitioner.
(2.) The respondents arrayed to the present petition are the Union of India through its Director, Ministry of AYUSH, as respondent No.1 , the Central Council of Indian Medicine as the respondent No.2, the State of Madhya Pradesh as the respondent No.3 and Dr. Shankar Dayal Sharma Ayurvedic College & Hospital, Bhopal, Madhya Pradesh as the respondent No.4
(3.) It has been submitted on behalf of the petitioner that pursuant to the application dated 28.8.2018 filed by it to the respondent No.1 for obtaining permission under the IMCC Act, 1970 for starting a new Ayurvedic College & Hospital in the name & style of Dr.Shankar Dayal Sharma Ayurvedic College & Hospital, i.e., (the respondent No.4) from the academic year 2019-20, the respondent No.2 had conducted the inspection on 12.6.2019 and 13.6.2019 to assess the available facilities of teaching and practical training and to furnish a report of recommendation to the Central Government and that on 25.6.2019, the respondent No.1, the Union of India, issued a show cause notice to the petitioner as to why the letter of permission to establish a new Ayurvedic college under Section 13A of the IMCC Act, 1970, from the academic year 2019-20 be not denied to the petitioner and the petitioner was informed of an opportunity of hearing in terms of the first proviso to Sub-section (5) of Section 13A of the IMCC Act, 1970, on 1.7.2019 before the designated Hearing Committee in the Ministry of Aayush.