Ssud Ayurved Medical College And ... vs The Union Of India Thr. Secty
2012 Latest Caselaw 26 Bom

      Writ Petition No.5135 of 2011                                                  1

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH : NAGPUR.




                                                                                                                 
                                          WRIT PETITION NO.5135 OF 2011




                                                                                         
       PETITIONER:                                       SSUD Ayurved Medical College
                                                         and Hospital at Koli, Karanja
                                                         (Lad), Distt. Washim - through
                                                         its   Administrative    Officer
                                                         Shri Rajesh Sonaji Sarode.




                                                                                        
                                                                         -VERSUS-

       RESPONDENT:                                        The Union of India Through

Secretary, Ministry of Health

and Family Welfare, Department of AYUSH, IRCS Annexe Building, 1 Red Cross Road, ig New Delhi-110 001.

Mr. F. T. Mirza, Advocate for the petitioner.

Mr. S. K. Mishra, Asstt. Solicitor General of India for respondent.

CORAM : B.R. GAVAI & SUNIL P. DESHMUKH JJ.

DATED : 28TH SEPTEMBER 2012

ORAL JUDGMENT : (Per B. R. Gavai, J)

1. Rule. Rule is made returnable forthwith and heard

by consent of the parties.

2. The petition was initially filed challenging the

notice dated 10-10-2011 which notice was undisputedly

stayed by the Division of this Court vide order dated

13-10-2011. Though it is the contention of the respondent

that the said order was not received or communicated to

them till passing of the order dated 25-10-2011, it would not

be necessary to go into that question in as much as when the

order dated 25-10-2011 was passed, the interim order passed

by this Court was in operation. As such, the petition was

subsequently amended so as to raise the challenge to the

order dated 25-10-2011 also.

3. By the impugned order, it has been decided not to

grant permission to the petitioner's SSUD Ayurved Medical

College and Hospital with 50 seats of BAMS Course under

Section 13 13A of the Indian Medicine Central Council

(IMCC) Act, 1970 for the year 2011-2012. By the impugned

order, the respondent has also informed the College to fulfill

the deficiencies mentioned in para 9 of the impugned order

so that the CCIM may carry out the inspection of the College

during January 2012 - February 2012 for consideration of

matter for granting conditional permission for undertaking

admissions during academic year 2012-2013.

4. From the perusal of the impugned order, it would

reveal that, according to the respondent, though for the

academic year 2011-2012, the Committee of Expert to be

appointed by (CCIM) was to conduct an inspection of the

facilities available with the petitioner, same was not done by

CCIM and, therefore, team appointed by the Central

Government inspected the facilities available with the

petitioner and found deficiencies therein.

5. The two Division Benches of this Court in the case

of Hindustani Education Society, AUSA and another Vs.

Union of India and another, reported in 2009(3) Mh.L.J,

886, and in Writ Petition Nos.7597/2011, 7590/11,

2792/2011, 7595/11, 7596/11 & 7598/2011 of

Aurangabad Bench of this Court (Vasan Kusum Rural Yog

and Ayurvedic Sanshodhan Pratisthan Ahmednagar &

another, Shri Vivekanand Nursing Home Trust, Purva

Khandesh Kushtha Seva Mandal Sakegaon and Kisan

Dnyanodaya Mandal Gudhe through Secretary & another

Vs. Union of India and others) have taken a view that it is

not permissible for the Central Government to appoint a team

of Experts to carry out inspection of the facilities in Ayurved

College. It has been held that under the provisions of the Act,

the said function is to be carried out by the CCIM and the

Central Government was the authority to either approve or

disapprove the same.

6. In that view of the matter, the impugned order

dated 25-10-2011 is quashed and set aside.

7. However, it is made clear that since the issue in

the present petition is only restricted to academic year

2011-2012, in so far as the recognition and permission for

subsequent academic year is concerned, the Central Council

of Indian Medicine would inspect the infrastructure available

with the petitioner for continuing the Ayurved College and

Hospital. Upon receipt of the said report, the respondent -

Union of India shall take appropriate decision regarding

continuation of the approval to the petitioner's institution.

However, it is made clear that in the event, if the respondent

proposes to pass any orders adverse to the interest of the

petitioner, the same shall be done only after giving a show

cause notice to the petitioner and an opportunity of personal

hearing.

8. Rule made absolute in aforesaid terms. No order

as to costs.

                                            JUDGE                                                        JUDGE


      //MULEY//