KONKAN EDUCATION AND MEDICAL TRUST A PUBLIC CHARITABLE TRUST DULY Vs. STATE OF MAHARASHTRA THE SECRETARY TO GOVERNMENT MEDICAL EDUCATION AND DRUGS

JUDGEMENT

(1.) RULE. Mr. Patil, learned Assistant Government Pleader, appears and waives service of notice of rule on behalf of respondent Nos. 1 to 5. Mr. S. B. Shenoy, learned counsel, appears and waives service of notice of rule on behalf of respondent No. 6. Mr. R. V. Govilkar, learned counsel, appears and waives service of notice of rule on behalf of respondent No. 7. In the facts and circumstances, the matter is taken up for final hearing.

(2.) THIS petition is filed by the petitioners directing respondent Nos. 1 to 5 (state authorities) and respondent No. 7, Maharashtra University of Health Sciences ordering them to grant permission/sanction and affiliation to the increase intake capacity of 25 seats in the first year BHMS Course for the academic year 2002-03.

(3.) THE case of the petitioners is that it is a Public Charitable Trust duly registered under the Bombay Public Trust Act, 1950. Its object is to run hospitals, colleges and institutions imparting medical education. According to the petitioners, in 1989, the State of Maharashtra, respondent No. 1 herein, granted permission to the petitioners to start Homoeopathy Course. The Central Council of Homoeopathy ("cch" for short), respondent No. 6 herein, after inspecting petitioners college, hospital and infrastructure, granted permission to the petitioners to run Homoeopathy Degree Course (BHMS) having 50 intake capacity. In 1996, the first respondent granted permission to the petitioners to start BHMS Degree Course of having 50 intake capacity. In the year 2000, respondent No. 6 allowed increased intake capacity from 50 to 75 seats. All the other respondents also accepted the decision and it could be implemented.