SHREE AYURVED VIKAS MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) As common questions of facts and law are involved in the above captioned batch of writ petitions, all petitions are taken up for hearing together and they are being disposed by this common judgement.

(2.) All the above referred matters relate to sanctioning of post of teaching and non-teaching employees of Ayurved and Homeopathy Colleges. The Central Council of Indian Medicine have laid down norms, which have now been changed, and as per the present policy, teaching and non-teaching staff have been increased. The grievance redressed in each of these petitions is that the Government is not sanctioning posts in grant-in-aid Ayurved and Homeopathy Colleges run in the State of Gujarat, as per the norms prescribed by the Central Council of Indian Medicine, New Delhi, thereby depriving the institutions of allotment of students and continuation of recognition granted by Central Council of Indian Medicine.

(3.) So far as grant-in-aid Ayurved Colleges are concerned, there are only three colleges in the State of Gujarat. (1) O.H.Nazear Ayurved College, Surat, (2) Shree Balahanuman Ayurved College, Lodra, and (3) Arya Kanya Shudh Mahavidyalay, Vadodara. All the three colleges were established prior to 1981. In 1981, as per the case of the petitioners, the Government decided to extend the grant-in-aid facilities by covering the staff under direct payment of salary scheme, which includes teaching, non-teaching and hospital staff attached to the colleges. The State Government issued a resolution while extending the grant-in-aid facilities to all the three Ayurved Colleges and also laid down certain conditions. The Government framed a detailed grant-in-aid rules known as Grant-in-aid Rules, 1988. While extending the grant-in-aid facilities, the Government had also accepted the set up existing in the year 1981 in the respective colleges i.e. who have working on the date of issuance of the resolution in the colleges and hospitals, were treated as staff within the set up of the colleges and grant was extended to the colleges. The resolution issued by the State Government so far as Ayurved Colleges and Hospitals are concerned reads as under: