PATANJALI BHARTIYA AYURVIGYAN AVAM ANUSANDHAN SANSTHAN, PATANJALI YOGPEETH HARIDWAR, DISTRICT HARIDWAR Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner for quashing the impugned order dated 16.08.2011 passed by the respondent No. 2 by which permission for undertaking admission in BAMS course for the academic year 2011 -12 has been denied. Further prayer has been made for a direction to the respondents to grant permission to the College for the Academic Session 2011 -12.

(2.) IN April 2008, the petitioner, namely, Patanjali Bhartiya Ayurvigyan Avam Anusandhan Sansthan, Patanjali Yogpeeth, Haridwar applied for permission of the Central Government, in terms of Section 13(A) of the Indian Medicine Central Council Act, 1970 (hereinafter referred to as the Act), for starting a new Medical College for taking admissions in BAMS course. After careful consideration of the recommendations of the Central Council of Indian Medicine (for short CCIM) and in terms of provisions of the Act and relevant regulations and norms of the CCIM, the permission of the Central Government was accorded to the petitioner to run Ayurvedacharya (B.A.M.S.) Course for the Session 2009 -10, under the provisions of Section 13(A) of the Act. This permission was granted for 50 seats. It was made clear in the letter dated 20.07.2009 that the permission so granted will be valid till such time the first batch of students admitted against this course appears for the first final examination of the said course and at that time, the College authorities may take up the matter for recognition of the qualifications under Section 14(2) of the Act. It was also mentioned in the letter dated 20.07.2009 that the college administration will ensure that sufficient qualified teachers and non teaching staff in each department, as per the relevant CCIM Regulations, are in position before the admission of the first batch of students in the Ist Professional of B.A.M.S. course is made, under intimation to the Central Government and CCIM. It was also mentioned that the College has to develop the requisite infrastructure for IInd and IIIrd Professionals well in time as per the CCIM norms. It appears that the conditions mentioned in the letter dated 20.07.2009 by which the permission was granted for the Session 2009 -10 was fulfilled by the petitioner and only thereafter, the permission for the Session 2010 -11 was granted vide order dated 09.08.2010. The letter -dated 09.08.2010, which was issued by the respondents, was in continuation of the letter -dated 20.07.2009. By this letter, the permission was extended for the Session 2010 -11 for taking admission in B.A.M.S. Course with 50 seats in UG level, subject to the rectification of the following deficiencies by the end of December, 2010, failing with the permission was liable to be withdrawn:

(3.) THE petitioner was given opportunity of hearing in terms of the provisions of the first proviso to Sub -Section 5 of Section 13(A) of the Act and was asked to appear on 23.06.2011 at 11:00 a.m./p.m. before the designated Hearing Committee in the Department of Ayush. Petitioner was given an opportunity to present its case and to show cause as to why the permission to take admissions in BAMS course under Section 13C of the Act for the year 2011 -12 should not be denied. Petitioner was asked to submit its oral and written submissions on that day with all the valid documents and records/proof.