GEEVARGHESE KUTTIYIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P16 order passed by the 1st respondent dated 28.06.2017, whereby the request made by the petitioner to issue a No Objection Certificate (NOC) for commencement of a Medical College in Naturopathy and Yoga Sciences are declined. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the Provincial Superior of Order of Imitation of Christ popularly known as 'Bethany', a clergical institute formed by association of persons consisting of Christian monks. The Bethany Province decided to commence a Medical College to propagate the system of Naturopathy and Yoga, granting a degree in Bachelor of Naturopathy & Yogic Science (BNYS) , a course running to 5 ' years. With the above object, petitioner applied for grant of NOC for commencing the Medical College in the above subject. In pursuance of the aforesaid application, the Director of Medical Education, Ayurveda inspected the premises of the petitioner and was satisfied that necessary infrastructure was available for the commencement of a Medical College as envisaged by the petitioner. Based on the application and the inspection conducted, 4th respondent recommended the 1st respondent to grant NOC subject to the obtainment of details of Minimum Standards and Requirement (MSR) from the Central Council for Research in Yoga and Naturopathy. The Central Council for Research in Yoga and Naturopathy, which is a body constituted by the Ministry of Ayush, Government of India, as per letter dated 002016 informed the 1st respondent that there was no central regulatory body/authority to prescribe minimum standards for establishment of a new college in Naturopathy and Yoga as on date, and made it clear that, it had no objection for commencing a new Naturopathy and yoga Medical College, subject to fulfilment of Guidelines of State Government and the Affiliating University prescribed for the said purpose.

(3.) Subsequently, 1st respondent vide its letter dated 20.06.2016 informed the petitioner that the application for starting Naturopathy & Yoga College is declined, as there was no national or local standard for such an institution. Petitioner thereupon approached the National Institute of Naturopathy & Yoga under the Central Government affiliated to the Maharashtra University of Health Sciences, Nasik, where the BNYS Degree Course syllabus was prepared and circulated. However, for one reason or other, respondents 1 to 3 were postponing the same.