LAWS(GJH)-2017-12-316

PARUL INSTITUTE OF AYURVED Vs. GUJARAT AYURVEDIC UNIVERSITY

Decided On December 12, 2017
PARUL INSTITUTE OF AYURVED Appellant
V/S
Gujarat Ayurvedic University Respondents

JUDGEMENT

(1.) The present petition is filed by the Petitioner - Parul Institute of Ayurved under Articles 14, 19(1)(g) and 226 of the Constitution of India as well as the Gujarat Private Universities Act, 2009 for the prayer inter alia that appropriate writ, order or direction may be issued commanding the Respondent not to insist for the continuance of the affiliation of the petitioner with the Respondent with effect from the academic year 2015-16 and also for the further prayer to annual its communication dated 4/6.5.2015 at Annexure-D to the petition as well as 15/18.6.2015 at Annexure-G to the petition and also the communication dated 10/14.7.2015 at Annexure-I as well as communication dated 31st July / 1st August, 2015 at Annexure-K on the grounds stated in the memo of petition.

(2.) The facts of the case briefly summarized are as follows:

(3.) The Petitioner Institute imparts education in the discipline of Ayurveda at the level of graduation and post-graduation on the pattern of self-financing. The Petitioner Institute was established in 2006 by a Public Trust in the name and style of Parul Arogya Seva Mandal. However from the academic year 2014-15 the petitioner is also engaged in imparting education in the discipline of Ayurveda at the level of graduation and post-graduation. As per the provisions of Section 13(A) of the Indian Medicine Central Council Act 1970 (hereinafter referred to as "the IMCC Act"), prior approval of the Government of India is sina-qua-non for the purpose of establishing an institution at any level. Therefore, before establishing the Petitioner Institute for the purpose of imparting education in the discipline of Ayurveda at the level of graduation in the year 2006, prior approval of the Government of India was sought for, and accordingly, the same has been granted. Thereafter, it has been extended from time to time. Thereafter as stated above, education at the level of post-graduation is also imparted. However, the Petitioner Institute which has been affiliated to the Gujarat Ayurveda University and the Petitioner Trust, has applied to the State of Gujarat through Education Department, for establishing the private University in the name and style of Parul University, under the provisions of Gujarat Private Universities Act 2009. The aforesaid proposal seeking to establish the Parul University under the Gujarat Private Universities Act was accepted and a notification dated 7.4.2015 amending the Schedule appended to the Gujarat Private Universities Act has been amended recording the name of the present Parul University as a Private University. It is therefore contended that the University established under the IMCC Act has to act as a non-affiliated University. Section 3(5) of the Gujarat Private Universities Act provide that all constituent Colleges and Institutions of the sponsoring body etc. working in the panel of the sponsoring body shall cease to have any affiliation with any other University with which they were previously affiliated prior to establishment of the concerned Private University under the provisions of the Gujarat Private University Act. Therefore, the issue with regard to the affiliation has been raised in the present petition with reference to the various communications as stated above which have been challenged in the present petition as it has been insisted by the Respondent University that the Petitioner Institute will remain affiliated to the Respondent University and also will be subject to the scrutiny and inspection and supervision of the University.