SHIKSHAN PRAKASH MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

(3.) The impugned order of the withdrawal of permission already granted to the petitioner to run BAMS course for the year 2018-19 is based upon the report of the Inspectors appointed by the Central Government and not by the Central Council of Indian Medicine. Under Ss. 19 and 20 of the Indian Medicine Central Council Act, 1970 (for short "the Act of 1970"), however, it is only the Central Council and not the Central Government which shall appoint the Medical Inspectors to inspect any Medical College, Hospital or other Institution or which shall appoint such number of Visitors as it may deem requisite to inspect any college, Hospital or other Institution where education in Indian Medicine is given. Under Sec. 21 of the Act of 1970, the Central Council can take a suitable action on the basis of the report submitted by the Inspectors or the Visitors and such action can be of withdrawal of recognition.