SANSKRITI AYURVEDIC MEDICAL COLLEGE Vs. U.O.I.

JUDGEMENT

(1.) Heard Sri S.K. Singh and Sri Balkeshwar Srivastava, learned counsel for the petitioners, Sri Savitra Vardhan Singh, learned counsel for the Union of India, Sri Shree Prakash Singh, learned counsel for the opposite party no. 5 and learned Additional Chief Standing Counsel for the State.

(2.) These writ petitions have been filed under Article 226 of the Constitution of India Challenging two orders passed by the Central Government declining to grant permission to the petitioner-Institution for running the B.A.M.S. Course for the academic year 2019-20. The orders have been passed in exercise of powers under Section 13-A / 13-C of the Indian Medical Central Council Act, 1970.

(3.) The facts of the case in brief are that the petitioners submitted an application/scheme for grant of permission for running B.A.M.S. Course for the academic year 2017-18 which was granted. Thereafter, as, such permission is required to be taken every year, another application/scheme was submitted for the academic year 2018-19 which was granted on 26.10.2018 conditionally with the stipulation that the required deficiencies shall be removed by 31.12.2018. Thereafter, the petitioner-Institution applied for grant of such permission under Section 13-A / 13-C of the Act, 1970 for the academic year 2019-20. The said permission was declined by the Central Government vide order dated 01.07.2019, however, with the stipulation that if the Institution fulfills the shortcomings observed during inspection held in March, 2019 by 31.12.2019 along with satisfaction of all the minimum standards, requirements of infrastructure, teaching and training facilities as specified in Regulation 3 and 10 of the Indian Medicine Central Council (Requirements of Minimum Standard for Under Graduate Ayurved Colleges and Attached Hospital) Rules, 2016 as also the requirements of Indian Medicines Central Council (Requirements of Minimum Standard of Educations in Indian Medicine) Amendment Regulations, 2016 and all the requirements under the provisions of the Act, 1970 and relevant regulations made thereunder in toto, the Central Council of India Medicine may carry out inspection of the college for consideration of the matter for grant of permission for taking admissions in under Graduate (B.A.M.S.) Course from the academic year 2020-21 i.e. the next academic year. Several deficiencies were pointed out in the said order.