Bombay High Court
Shree Chhatrapati Shivaji Education ... vs National Commission For Indian System ... on 26 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:34220-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11269 OF 2024
1. Shree Chhatrapati Shivaji Education Society, ]
Dharwad, Karnataka ]
2. Shree Chhatrapati Shivaji Education Society's ]
Rural Institute of Ayurveda Research Centre ]
and Hospital, Satara ] .. Petitioners
Versus
1. National Commission for Indian System of ]
Medicine, Ministry of AYUSH, ]
Government of India, New Delhi ]
2. State of Maharashtra, ]
Through the Secretary, ]
Mantralaya, Mumbai ]
3. Zilla Parishad, Satara, ]
Through Health Department, Satara ]
4. Union of India, ]
Through Ministry of Health & Family Welfare, ]
Department of AYUSH, New Delhi ] .. Respondents
Mr. R.V. Pai, Senior Advocate, with Ms. Siddhi Bhosale, Advocate for the
Petitioners.
Mr. Srikrishna R. Ganbavale, Advocate for Respondent No.1.
Mr. B.V. Samant, Additional Government Pleader, with Mr. S.P. Kamble,
Assistant Government Pleader for Respondent No.2-State of Maharashtra.
Mr. Ratan L. Adhe, i/by Mr. Pankaj P. Deokar, Advocates for Respondent
No.3.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 26TH AUGUST, 2024.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard learned counsel for
the parties.
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2. The challenge raised in this writ petition is to the decision taken by
the 1st respondent - National Commission for Indian System of Medicine
("NCISM") on 5th August 2024 thereby denying conditional permission to
the 2nd petitioner for intake of 50 seats in the Undergraduate B.A.M.S.
Course for the Academic Year 2024-25.
3. After hearing the learned counsel for the parties, we are of the view
that it would not be necessary to enter into the merits of the adjudication
undertaken by NCISM that is impugned in the writ petition for the reason
that according to its learned counsel, the 97 th Board Meeting of the
Medical Assessment and Rating Board for Indian System of Medicine was
held on 12th July 2024 after which the impugned decision denying
conditional permission was taken on 5 th August 2024. In the interregnum
between holding of the said meeting and arriving at a decision, the
petitioners claim to have obtained various statutory permissions on the
strength of which it seeks grant of conditional permission. The petitioners
have been denied conditional permission for failure to submit (i) renewed
Hospital Registration Certificate for the academic year 2024-25; (ii) Final
Fire NOC Certificate issued by the Government of Maharashtra; and (iii)
Pollution Control Certificate and CCA for Bio-Medical Waste issued by the
Maharashtra Pollution Control Board for the Ayurvedic Hospital for the
year 2024-25.
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4. Insofar as renewal of Hospital Registration Certificate for the
academic year 2024-25 is concerned, the Principal of the College has on
5th August 2024 made a request to the Health Department of the 3 rd
respondent - Zilla Parishad, Satara to renew its Hospital Registration
Certificate. This request is under consideration.
. Insofar as issuance of Final Fire NOC Certificate is concerned, the
petitioners' claim that on 30 th July 2024, the Maharashtra Industrial
Development Corporation has issued Provisional No Objection Certificate
for its existing hospital at the ground floor and first floor subject to
fulfillment of various conditions including those under the Maharashtra
Fire Prevention and Life Safety Measures Act, 2006.
. As regards the Pollution Control Certificate and CCA for Bio-Medical
Waste is concerned, the petitioners contend that on 2 nd August 2024,
renewal of Combined Consent to Operate and BMW Authorization (CCA)
has been issued to it.
5. The NCISM did not have an opportunity to consider these aspects.
In the light of these developments, we are of the view that the interest of
justice would be served by directing the NCISM to re-consider its decision
dated 5th August 2024 in the light of the aforesaid material now available
with the petitioners. Such re-consideration is warranted as the aforesaid
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documentary material is now available and it is the case of the petitioners
that it is entitled for grant of conditional permission for academic session
2024-25 on this basis. We note that the NCISM has issued directives in the
matter of counselling and admission to various Undergraduate Courses
including the B.A.M.S. for the academic year 2024-25. Round-1 of the
counselling is to commence from 6th September 2024.
6. In view of the aforesaid, the following directions are issued :-
(i) The decision taken by the 1st respondent - National
Commission for Indian System of Medicine on 5 th
August 2024 is set aside to enable it to re-consider its
decision for the reasons indicated above.
(ii) A fresh decision be taken by 4 th September 2024 on its
own merits after hearing the petitioners and the same
be communicated to them.
(iii) The respondent no.3 - Zilla Parishad, Satara shall also
take a decision on the communication dated 5th August
2024 (Exhibit 'N-4') by 30th August 2024.
(iv) All points raised on merits are kept open.
7. Rule accordingly. The writ petition is disposed of. No costs. Parties to
act on authenticated copy of this order.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
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