UTTARANCHAL AYURVEDIC COLLEGE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Arvind Vasishth, learned Senior Advocate assisted by Mr. Jitendra Chaudhary, learned counsel for the appellant, Mr. Lalit Sharma, learned counsel for the respondent Nos.1 and 2, Mr. Ramji Srivastava, learned counsel for the respondent No.3 and Mr. Suyesh Pant, learned counsel for the respondent No.4 and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) By the order, impugned in the writ petition, dated 09.07.2019 the appellants-writ petitioners were informed that the deficiencies, found in inspection on 27/28.03.2019, were of such a fundamental nature that they adversely affected the ability of the College to provide quality medical education in terms of the provisions of the IMCC Act and the relevant regulations; it was decided by the Central Government to withdraw the five year permission granted by letter dated 16.11.2016 and 14.12.2016 respectively; and permission granted earlier to the appellants, for taking admission to BAMS course with 100 seats in UG (BAMS) Course and 20 seats in PG Course for academic session 2019-2020, was being withdrawn. The appellant-writ petitioner was also informed that the college was being provided time upto 31.12.2019 to fulfill the shortcomings as observed during this year as mentioned in earlier paras of the order, along with the requirements mentioned thereafter, so that the Central Council of Indian Medicine may carry out inspection of the college for consideration of grant of permission for taking admission in UG (BAMS) course and PG courses from the academic year 2020-21. Aggrieved thereby, the petitioner invoked the jurisdiction of this Court filing WPMS No.2406 of 2019.

(3.) In the order under appeal, the learned Single Judge noted the submission, urged on behalf of appellant-writ petitioner, that the deficiencies pointed out by the respondent authorities were with regard to the intake of 100 seats and, if the intake of 60 seats is taken into consideration, there was no deficiency. The writ petition was disposed of directing the petitioner to make an application before the Department of AYUSH, Government of India, which shall get inspection done by the Central Council of Indian Medicine, and pass appropriate orders within two weeks from the date of the order, as per the Regulations. Aggrieved thereby, the present Special Appeal.