NATIONAL COLLEGE OF AYURVEDA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-college is an educational institute established in the year 2013 and offers courses on Ayurveda including BAMS (Bachelor of Ayurveda Medicine and Surgery). The petitioner-college is approaching this Hon'ble High Court by way of instant civil writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dtd. 21/8/2023 (Annexure P25) passed by respondent No.3 vide which it was held that 07 teachers were working only on paper, impugned letter dtd. 6/9/2023 (Annexure P45) vide which respondent No.3 granted conditional permission to the petitioner-college for 60 seats instead of 100 in UG (BAMS) course for the academic session 2023-24 as well as impugned order dtd. 29/9/2023 (Annexure P49) passed by respondent No.2 vide which the appeal dtd. 31/8/2023 filed by the petitioner-college was rejected and impugned dismissal letter of second appeal dtd. 7/11/2023 (Annexure P68) passed by respondent No.1 dismissing the second appeal/representation dtd. 30/9/2023 filed by the petitioner-college against impugned order dtd. 29/9/2023 passed by respondent No.2.

(2.) The facts in brief are that respondent No.3 i.e. Medical Assessment and Rating Board for Indian System of Medicine (MARBISM) conducted a surprise inspection on 2/5/2023 and 3/5/2023 in the petitioner-college in respect of issuance of conditional permission with the intake capacity of 100 seats in UG (BAMS) course for the academic session 2023-24.

(3.) In the support of the petition, Mr. Arjun Partap Atma Ram, learned counsel for the petitioner-college has made the following submissions:-