BHARTIYA VAIDYAK SAMANVAYA SAMITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith by consent of parties. Heard rival parties. Perused petition and submissions filed by respondents.

(2.) In this petition, the petitioners are challenging the action of the 2nd respondent, maharashtra University of Health Sciences (for short, the "muhs") refusing to grant extension of affiliation for the intake capacity increased from 50 to 70 seats in respect of Shri. Ayurved mahavidyalaya, 2nd petitioner herein on the sole ground that the increased capacity is not as per the perspective plan prepared by the MUHS although the 1st respondent, the State government and Central Council of Indian medicine (CCIM) have granted permission to increase intake capacity from 50 to 70 seats. Thus, the action of the respondent no. 2 MUHS is being challenged with the petition filed under article 226 of the Constitution of India contending that the refusal to extend affiliation is arbitrary, discriminatory and violative of article 14 of the Constitution of India. FACTS

(3.) The 1st petitioner Bhartiya vaidyak Samanvaya Samiti, a registered Society under the Societies Registration Act, 1860 and a Public Trust registered under the Bombay public Trusts Act, 1950, is running Shri. Ayurved Mahavidyalaya (2nd petitioner). The petitioner no. 2 College is affiliated with the respondent no. 2 MUHS under the provisions of the Maharashtra University of Health sciences Act, 1998.