GAJANAN MAHARAJ SANSTHAN PUSAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties.

(2.) Petitioner no. 1 is a public trust registered under the provisions of the Maharashtra Public Trusts Act, 1950 and manages the Petitioner no. 2- Ayurvedic Medical College at Pusad. By the present Petition, the Petitioners have challenged order dated 19.07.2019 passed by Respondent no. 1-Union of India, inter alia, denying the Petitioner no. 2-College permission for admitting 50 undergraduate seats in the B.A.M.S. course for the academic session 2019-2020 due to certain deficiencies as stated in the order. It is the Petitioner's case that Petitioner no. 2-College had been regularly granted permission by the Respondents for admitting 50 students in the B.A.M.S. under-graduate course since the year 1992-93. Petitioner no. 2-College was started in the year 1992-93 and has been admitting students since then in the academic sessions as per Government Resolution dated 03.03.1992. The Petitioners' run a hospital which caters to the need of the rural population at Pusad, District Yavatmal, having its own three storied permanent building. Petitioner no. 2-College is privately managed and a permanently unaided college imparting education in Ayurveda and runs a B.A.M.S. (under Graduate) course of 51/2 years duration with intake capacity of 50 students since 1992-93. Petitioner no. 2-College has also been granted permission by Central Council of Indian Medicine (in short 'CCIM') i.e. Respondent no. 2 since the academic session 1992-93 for the above course from time to time. However, this permission was a conditional permission and it was renewed/continued from time to time. Petitioner no. 2-College has also been granted permission by the Central Government-AYUSH i.e. Respondent no. 1 by letter dated 04.08.2017 for the above course.

(3.) In the year 2018, Petitioner no.2-College was served with an order dated 27.09.2018 passed by Respondent no. 1, whereby permission was refused to admit students for the academic session 2018-19, on the ground that there existed certain deficiencies in the College. The said permission was refused on the basis of an inspection which was conducted in the month of June-2018 and the same came to be challenged before this Court by Writ Petition No. 7672/2018. This Court by order dated 06.11.2018, granted interim relief to the Petitioners and directed that admissions given to the students would be subject to the result of the said Petition. The Petitioners admitted 50 students in the B.A.M.S. under-graduate course for the academic session 2018-19 and each of the said student had been informed about the pendency of the Petition. On the basis of the inspection which had been conducted in the year 2018, by order dated 27.09.2018, Respondent no. 1 had directed the Petitioners to remove the then existing deficiencies by 31.12.2018. The Petitioners being aware of the same removed the deficiencies and submitted compliance report dated 28.12.2018 accordingly.