AMJADIA EDUCATIONAL AND WELFARETRUST (REGD) AHMAD NAGAR, IMADPATTI, NH Vs. THE UNION OF INDIA THROUGH MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF AYUSH INDIAN RED CROSS BUILDING, 1 RED CROSS ROAD NEW DELHI

JUDGEMENT

(1.) This writ application was earlier heard and the judgment and order was dictated in open Court on 21.11.2014. However, on the same day, the learned counsel for the petitioner mentioned this matter and submitted that clarification on certain issues were required. After considering the submission, this court felt the need for those clarifications and accordingly the matter was directed to be placed under the heading to be mentioned on 25.11.2014 and the judgment and order was not signed. On 25.11.2014 the learned counsel for both sides appeared and have agreed that the matter be reheard on the limited point with regard to the directions to be issued to the respondents after quashing of the impugned order at Annexure-11. Therefore, with the consent of the learned counsel for the parties, the said issue has been reheard and the final judgment and order is as follows:

(2.) Heard Mr. Srinandan Prasad Singh, the learned counsel appearing for the petitioner and the learned counsel for the respondent nos.2 to 5 and 7. The learned counsel for the respondent no.6 has submitted that the respondent no.6 has no interest in the matter, as no relief has been claimed against the said respondent. No body has appeared for the respondent no.1.

(3.) The writ petitioner is a trust which has established Sufia Unani Medical College and Hospital Bara Chakia, NH-28, East Champaran Bihar. As required, the trust submitted a proposal to the Central Government under the provisions of Indian Medicine Central Council Act, 1970 (hereinafter referred as Act), praying for appropriate permission to establish/ start teaching Unani medicine. The institution of the petitioner was inspected twice by the inspecting team of the Council who submitted its report. Thereafter a notice was issued to the petitioner for hearing as provided in the 1st proviso to Sub Sec. 5 of Sec. 13(A) of the Act. By the order, which is under assail in this writ application, the prayer of the writ petitioner for grant of permission to establish and start Unani medical college for the session 2011-12 has been rejected.