BHARAT TIBBIYA COLLEGE Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition was heard and dismissed by me vide order dated 1st May, 2003, for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.

(2.) The petitioner, Bharat Tibbiya College, Saharanpur through its Principal filed this writ petition for the following reliefs : (i) issue a writ, order or direction in nature of mandamus commanding the respondents particularly to the respondent No. 1 to fix the norm for admission for diploma course namely (D.U.M.) and to issue permission for the same in compliance of the order dated 26.9.2001, issued by the State Government. (ii) Issue a writ, order or direction in nature of mandamus commanding the respondents to permit the petitioner to admit the students in the institution till the fixation of norms by the respondents as the admissions were made earlier. (iii) Issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case exist in the present case. (iv) Award the cost of this writ petition in favour of the petitioner.

(3.) The petitioner approached this Court in the back-drop of the following facts : The petitioner is an institution imparting education in Unani system of medicine and awards diploma to the successful candidates. It is also asserted that the petitioner is minority institution and the State Government by enacting the Act No. 18 of 1982 imposes restriction on opening of Medical Institutions by the private person or society. The aforesaid enactment further imposes restriction on admission by existing colleges. However, there is an exemption with regard to the institution controlled and managed by the minority. In other words, the person or the society belonging to minority were permitted to open an institution and to take, admission therein. The petitioner's institution is running since last more than 20 years and successful candidates were provided registration properly by the respondent No. 3, i.e., the Registrar, Board of Indian Medicine, U. P., Lucknow. However, in the year 1992, the respondent No. 3 raised an objection in connection with registration of the successful candidates and the petitioner filed writ petition before this Court being Civil Misc. Writ Petition No. 21995 of 1992 and this Court vide its order dated 8.6.1992, directed the respondents to provide registration to the successful students. The United Provinces Indian Medicines Act, 1981, which was amended from time to time, provides for constitution of a Board known as Board of Indian Medicine, U. P. The aforesaid Act put a restriction that no institution can be allowed to continue unless the same is registered by the Board after the amendment of the United Provinces Indian Medicines Act. The petitioner further relied upon the decision of this Court passed in Civil Misc. Writ Petition No. 46835 of 1993, Deoband Unani Medical College v. State and Ors. This petition, it is asserted, has been finally decided by this Court vide its order dated 7th January, 1994. The petitioner asserts that in view of the aforesaid decision, the petitioner filed writ petition before this Court being Civil Misc. Writ Petition No. 42846 of 1993. Bharat Tibbiya College v. State of U. P. and Ors. and this Court on 4th November, 1993, passed the followed order : "The respondent No. 1 is directed to make registration of the successful candidates for current academic session and it shall go on making registration of successful candidates in future also, until this order is varied, modified or rescinded."