HINDUSTANI EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, by consent of parties.

(2.) The petitioners have filed the present petition being aggrieved by the cancellation of the Letter of Intent issued to them for starting an Ayurved College and Hospital at Ausa, Dist. Latur. The petitioners also have a grievance that a similarly situated college run by a Member of Parliament has been granted permission despite several deficiencies found by the Central Council for Indian Medicine (hereinafter referred to as CCIM for short).

(3.) The petitioner No. 1 trust is registered under the Bombay Public Trust Act, 1950, is an education society. The petitioner No. 1 society has been recognized as a minority institution by the Government on 31-3-2001. Since the petitioner trust desired to start an Ayurved College and Hospital at Ausa, it was necessary for it to obtain prior permission from the Central Government in accordance with the Indian Medicine Central Council Act, 1970 (hereinafter referred to as the Act of 1970).The petitioners applied in accordance with section 13-A of the Act of 1970 for setting up the Ayurved College. The petitioners also submitted a demand draft of Rs.3.5 lakhs along with their application, as required under the Act and Regulations framed thereunder. The application, dated 26-4-2006 was submitted to respondent No. 2 i.e. the Secretary to the Government of India, Department of Ayurved, Yoga, Naturopathy, Unani, Siddha and Homeopathy (Ayush). The Central Government issued a letter to the CCIM requesting it to inspect the new college and to convey to the petitioners the deficiencies, if any, for the petitioners to rectify the same before permission was granted to commence the college with an intake capacity of 50 students for the B.A.M.S. Course. On 27th April, 2006, the Maharashtra University of Health Sciences consented to provisionally affiliate the college to the Health University for the proposed admission capacity of 50 students. At the same time, the Ministry of Health requested the CCIM, to inspect the college to ascertain whether the infrastructure available was in accordance with the Act and the Regulations framed thereunder. The Central Government directed the CCIM to include atleast one member from the panel of experts provided by the Central Government in the visitation team.