SUNRISE EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) Prayer in the writ petition is for the issuance of a writ of Certiorari to quash Order Annexure P-17 dated 10.04.2019, passed by respondent No.1, declining the application of the petitioner for starting a new Ayurveda Medical College with 60 seats for BAMS (UG) Course for the academic year 2019-20, for the issuance of a writ of Mandamus, directing respondent Nos.1 and 2 to allow the petitioner to start a new Ayurveda Medical College with 60 seats for BAMS (UG) Course for the academic year 2019-20 as also for the issuance of a writ of Certiorari to quash Policy Annexure P-13 dated 15.06.2018 vide which Universities across the country were directed not to issue fresh NOC and Consent of Affiliation for starting new ASU and H Colleges during the academic years 2019-20 and 2020-2021.

(2.) Learned Sr. Counsel for the petitioner contends that the petitioner had filed CWP No.301 of 2019 for the issuance of a writ of Mandamus, directing respondent Nos.1 and 2 to process the application of the petitioner and to give necessary permission to start a new college for BAMS (UG) Course for the academic year 2019-20 in view of possessing the requisite approvals viz. Essentiality Certificates/No Objection Certificate issued by the State Government besides Consent of Affiliation from the University before the issuance of Policy Annexure P-13 dated 15.06.2018. Learned Sr. Counsel further contends that Annexure P-13 i.e. policy directive 15.06.2018 was not to the knowledge of the petitioner, the same being an internal departmental communication as it was never published or circulated in the public domain and it was only on learning about the same that the petitioner immediately filed CWP No. 301 of 2019 which was disposed of by directing the respondents to process the application of the petitioner for starting a new college for the academic year 2019-20 unfettered by communication Annexure P-13 dated 15.06.2018, while making it clear that the only relief being granted was consideration of claim of the petitioner for grant of permission.

(3.) Pursuant to directions dated 01.04.2019 by this court in CWP No.301 of 2019, order Annexure P-17, dated 10.04.2019 was passed by respondent No.1 rejecting the application of the petitioner for permission to start a new college in the academic year 2019-20 on the ground that the application submitted by the petitioner was beyond the timeline stipulated for grant/renewal of permission of ASU&H colleges issued by the Ministry of AYUSH vide F.No.R-11011/03/2011-EP(H)Part dated 01.09.2017 i.e. 1st July to 31st August (both days inclusive) of any year.