Delhi High Court
Shivalik Institute Of Ayurved And ... vs Union Of India & Anr on 19 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP (C) No.7934/2019 & CM APPL. 32943/2019
Judgment reserved on : 07.08.2019
Date of decision : 19.08.2019
SHIVALIK INSTITUTE OF AYURVED AND RESEARCH &
ANR. ..... Petitioners
Through: Mr.S.S.Lingwal, Advocate
versus
UNION OF INDIA & ANR .... Respondents
Through: Mr.K.V.Sreemithun, Adv for R-
1
Ms.Archana Pathak Dave, Adv
for R-2
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J.
1. The petitioner no.1 the Shivalik Institute of Ayurved and
Research, Jhajra, Chakrata Road, Dehradun established by the
petitioner no.2/ the Indian Society to Serve Mankind situated at
Dehradun was granted affiliation by the Uttrakhand Ayurveda
Institute, Dehradun for starting the BAMS course with an admission
capacity of 60 seats subject to grant of permission by the Govt. of
India, Ministry of AYUSH under Section 13A of the Indian Medicine
Central Council Act, 1970 vide consent of affiliation dated
18.04.2019.
2. Vide letter of intent dated 16.05.2017 issued by the respondent
no.1 i.e. the Union of India, Ministry of AYUSH, the petitioners were
accorded conditional permission to establish the new Ayurveda
College in the name of the petitioner no.1 with 60 seats for the BAMS
Course under Section 13A of the IMCC Act, 1970 from the academic
session 2017-18 subject to conditions as mentioned in the said letter
dated 16.05.2017 being fulfilled before the inspection by the CCIM
i.e. the respondent no.2 regarding the matter for consideration for
issuance of the letter of permission for the academic session 2017-18,
failing which, the letter of permission would not be issued and the
Letter of Intent issued would be deemed to have been withdrawn.
3. The conditions stipulated vide the said letter of the respondent
no.1 read to the effect:
"1. The applicant shall fulfil all the requirements of
infrastructure for teaching and training facilities as
specified in the Regulations 3 and 10 of the "Indian
Medicine Central Council (Requirements of Minimum
Standard for under-graduate Ayurveda Colleges and
attached Hospitals) Regulations, 2016"
2. the applicant shall fulfil all the requirement of the
"Indian Medicine Central Council (Minimum Standards
of Education in Indian Medicine) Amendment
Regulations, 2016" (for Ayurveda);
3.the applicant shall fulfil all the relevant provisions of
Regulations namely the "Establishment of New Medical
College, Opening of New or Higher Course of Study or
Training and Increase of Admission Capacity by a
Medical College Regulations, 2003" read with
amendment Regulations of 2013; and
4. the applicant shall fulfil all the relevant provisions
under the IMCC Act, 1970."
4. Apart from the same, the petitioners were also called upon to
submit the requisite performance guarantee valid for a period of five
years and vide para 4 of the said letter, it was categorically stipulated
to the effect:
"4. The college administration is to ensure that no
student is admitted in the above mentioned UG course till
the formal permission by issue of Letter of Permission
(LoP) of the Central Government is granted."
5. Vide para 5 of the said letter, it was also stipulated that in the
event, the applicant college fails to comply with or satisfy the
conditions of the Letter of Intent, the Letter of Intent shall be deemed
to have been withdrawn without further intimation to the applicant/
petitioners herein.
6. The petitioners submit that the respondent no.2 i.e. the CCIM
carried out the inspection of the petitioner no.1 college on 07.02.2018
and revisited on 28/29.05.2018 to re-assess the available facilities of
teaching and practical training as well as to verify the compliance
submitted by the college and forwarded its recommendation/report to
the respondent no.1 and after the inspection and due compliance, the
petitioner college was granted conditional permission for the UG
BAMS Course with 60 seats under Section 13A of the IMCC Act,
1970 for the academic session 2018-19 by the respondent no.1 vide its
conditional permission vide letter dated 07.09.2018 i.e. Annexure P-5.
The said letter dated 07.09.2018 of the respondent no.1 stipulated to
the effect:
"2. The CCIM had carried out an inspection of the
institution on 07.02.2018 and re-visited on 28-29.05.2018
to reassess the available facilities of teaching and
practical training as well as to verify the compliance
submitted by the college and forwarded its
recommendations and report to the Ministry. On
examining the same, it was observed that the Aadhaar
based Geo location enabled attendance system for
teaching staff, non-teaching staff, hospital staff Web
based computerized central registration system.
Functional USG unit as per RMS. 2016 were not
available. Therefore, under provisions of the first proviso
to sub-section (5) of Section 13A of the IMCC Act, 1970,
an opportunity of hearing was granted to the college on
18.08.2018 to present the case.
3. The observation of hearing Committee based on
submission made by the college representatives during
hearing and recommendations &visitation report of the
CCIM have been carefully examined in terms of the
"Indian Medicine Central Council (Requirements of
Minimum Standard for under-graduate Ayurveda
Colleges and attached Hospitals) Regulations, 2016,
provisions under the IMCC Act, 1970, relevant
regulations made thereunder, and as per approved
Standard Operative Procedures (SOPs) it is found that
College is fulfilling notified and approved criterion for
granting conditional permission for UG (BAMS).
4. It has been decided by the Central Government for
grant of conditional permission to the Shivalik Institute of
Ayurved and Research, Jhajra, Chakrata Road,
Dehradun- 248007, Utarakhand with 60 seats in UG
(BAMS) course for the academic session 2018-19 under
section 13C/13A of the IMCC Act, 1970 subject to the
condition that college shall fulfill the deficiencies as
mentioned below by 31st December, 2018:
(i) Aadhaar based Geo location enabled attendance
system for teaching staff, non-teaching staff, hospital staff
as per R.MS, 2016.
(ii) Functional Web based computerized central
registration system in the Hospital.
(iii) Functional USG section in the Hospital.
5. In addition, following requirements should be fulfilled
by the college by 31st December, 2018 to get conditional
permission for the session 2019-20:
(i) all the Requirements of Minimum Standard of
infrastructure and teaching & training facilities as
specified in Regulation 3 of the "Indian Medicine Central
Council (Requirements of Minimum Standard for under-
graduate Ayurveda Colleges and attached Hospitals)
Regulations, 2016;
(ii) all the requirements of the Indian Medicine Central
Council (Minimum Standards of Education in Indian
Medicine) Amendment Regulations, 2016 (for Ayurveda);
(iii) all the requirements under the provisions of the
IMCC Act, !970 and relevant Regulations made
thereunder should be fulfilled in toto, and
6. The fulfillment of the conditions attached to the
permission given above may be made within the time
period specified and compliance report should be
submitted to the Ministry of AYUSH endorsing a copy to
the CCIM also, The CCIM. will verify that the conditions
have been fulfilled by means of an inspection and submit a
report in this matter to the Ministry of AYUSH for
considering the permission matter from the academic
session 2019-20."
7. Vide notification no.28-15/2016-Ay.(MSR) dated 07.11.2016,
the Central Council of India Medicine i.e. the respondent no.2 with the
previous sanction of the Central Government in supersession of the
Indian Medicine Central Council (Minimum Standard Requirements
of Ayurveda College and attached Hospitals) Regulations, 2012
superseded the same and made the Indian Medicine Central Council
(Requirement of Minimum Standards) Regulation, 2016 for the
regulation of the colleges for education in the Ayurveda system of
medicine.
8. The requirements of minimum standards for grant of such
permission stipulated in Regulation 3 of the said regulations, read to
the effect:-
"3. Requirements of Minimum Standard to grant of
permission-
(1)(a) The Ayurveda colleges established under section 13A
and existing under section 13C of the Act and their attached
hospitals shall fulfill the requirements of minimum standard
for infrastructure and teaching and training facilities referred
to in the regulations 4 to 11 upto the 31 st December of every
year for consideration of grant of permissions for undertaking
admissions in the coming academic session."
9. The requirements of minimum standard to grant permission for
a period of five years is stipulated vide Regulation 3 (2) to the effect:-
"3(2) Requirements of Minimum Standard to grant of
permission for a period of five years-
(a) After fulfilment of the requirement as per these regulations
by the college, the permission shall be granted to undertake
admissions for a period of five years, The college shall be
randomly inspected within the said period on receipt of any
complaint; or if from online Bio-metric attendance it is found
that teaching, non-teaching staff, hospital staff not present
regularly, or hospital is not properly functional, or otherwise as
required by the Central Government or by the Central Council;
(b) any deficiencies arising within the said period shall be
fulfilled by the college within hundred-fifty days under
intimation to the Central Council otherwise the permission for
a period of five years deemed to be withdrawn;
(c) colleges which were permitted for a period not exceeding
five years from the academic session 2014-15 to 2018-19 and
2015-16 to 2019-20 shall be maintain the requirements- as
specified under the regulations 4 to 11 otherwise the permission
for a period of five years deemed to be withdrawn."
10. The requirements of minimum standard for grant of conditional
permission for one year is stipulated vide Regulation 3(3) to the effect:
(3) Requirements of Minimum Standard to grant of
conditional permission of one year-
(a) The conditional permission of one year for particular
academic session shall be granted only to those colleges which
are fulfilling following requirements on the basis of the
inspection by the Central Council between the 31st December to
the 31st March for the succeeding academic session:
(i) the requirement of teachers as specified in the Schedule-V;
(ii) the requirement of teaching hospital as specified under sub-
regulation (2) of regulation 7;
(iii) availability of minimum seventy-five percent of required
equipment as specified in the Schedule-VII;
(iv) availability of herbal garden as specified in the Schedule-
Ill;
(v) availability of hospital staff as specified in the Schedule-IV,
(vi) availability of technical and other staff as specified in the
Schedule-VI;
(vii) availability of college council as specified in sub-
regulation (1) of regulation 9;
(viii) availability of college website as specified in sub-
regulation (2) of regulation 9;
(xi) availability of biometric attendance as specified in sub-
regulation (3) of regulation 9; and
(x) availability of minimum constructed area of college and
hospital as specified in regulation 5.
(b) the colleges, which have been granted conditional
permission or which have been denied permission for the
academic session 2015-16 shall be required to fulfill the
requirements as specified above in clause (a) to obtain the
conditional permission of one year for particular academic
session or for a period of five years as specified in the
regulations 4 to 11."
11. The respondent no.2 is stated to have visited the petitioner
college on 15/16.03.2019 to re-assess the available facilities and
practical training and to verify the compliance reports submitted by
the petitioner college for grant of affiliation for the academic session
2019-2020. According to the petitioner, there were no deficiencies
pointed out by the respondent no.2 at the time of inspection and that
on 03.05.2019, the respondent no.1 issued a hearing notice to the
petitioner i.e. Annexure P-7 vide which it was stipulated vide para 2
thereof to the effect:
"2.On examining the same in terms of the Indian
Medicine Central Council (Requirements of Minimum
Standard for under-graduate Ayurveda Colleges and
attached Hospitals) Regulations, 2016, provisions under
the IMCC Act, 1970, relevant regulations made there
under and as per approved Standard Operative
Procedures (SOPs), it appears that, the college is not
fulfilling following requirements:
I. There is no higher faculty available in the department
of Dravyaguna, Swasthavritta & yoga and Prasuti & Stri
Roga against minimum requirement of 01 in each as per
RMS, 2016.
II. Specialist doctor is not available in the Shalakya
department against the requirement of 01 as per RMS,
2016.
III. There is one Laboratory Technician available in the
department of Roga Nidan evem Vikriti Vigyan against
the minimum requirement of 02 as per RMS, 2016.
IV. There is no specimen available in museum of
department of Ayurveda Samhita & Siddhant, Kriya
Sharir, Prasuti & Stri Roga and Dravyaguna as per RMS,
2016.
V. Printer not available in all the teaching departments.
VI. College website (www.siarayurved.com) is non
functional, as specified in regulation 9(2) of RMS.
VII. Bio-Metric attendance system is not available as per
RMS, 2016.
VIII. Availability of higher faculty is 70% against the
minimum requirement of 90% as per RMS, 2016.
IX. Functionality of Hospital: - No deliveries have been
conducted from 1st Jan 2018 to 31st Dec 2018 as per RMS,
2016.
X. There is 01 Emergency Medical Officer available
against the minimum requirement of 02 as per RMS,
2016.
XI. There are 03 Panchkarma Assistant available against
the minimum requirement of 04 as per RMS, 2016.
XII. There is shortage of some instruments/equipments in
following departments-Kriya Sharir Laboratory, Labour
Room Operation Theatre and OPD Section as per RMS,
2016.
XIII. Cadaver is not available in Sharir Rachna dept for
dissection.
XIV. Functional clinical laboratory is not available as per
RMS, 2016."
12. The petitioners thus were called upon for a hearing on
12.06.2019 to present their case and clarify the aspect detailed in their
Show Cause Notice to explain as to why permission to take admission
in the UG (BAMS) Course under Sections 13A & 13C of the IMCC
Act, 1970 for the year 2019-20 ought not to be denied to their college.
13. The CCIM is indicated as stated hereinabove to have visited the
petitioners college on 15/16.03.2019 to assess the available facility of
teaching and practical training for conducting UG (BAMS) Course as
well as to verify the compliance submitted by the college as observed
vide para 1 of the Show Cause Notice dated 03.05.2019 issued by the
respondent no.1 to the petitioners. Vide paras 4, 5 & 6 of the said
letter, it was stipulated to the effect:
"4. Please not that as per the extant Central Govt. policy,
the submission will be only with reference to the position
that prevailed as on the date of inspection/visitation as
detailed in Indian Medicine Central Council (Requirements
of Minimum Standard for under-graduate Ayurveda
College and attached Hospitals) Regulations, 2016 and
other relevant regulation under IMCC Act 1970.
5. It is further directed that you may make oral as well as
written submissions before the designated hearing
committee and produce all relevant valid
documents/records/proof in original to substantiate your
claims against all the deficiencies/shortcomings as
indicated above and submit an authenticated copy for
evidence/verifications by the Central Government as under:
i. The supporting documents may be the
original/attested legible copies of the PG degree of the
teachers/consented teachers, appointment order, joining
letter, the attested copies of the experience certificates,
the appropriate office order of the college for any
reallocation, the attendance register up to the visitation
day, Biometric attendance statement, the time table/duty
roster indicating the engagement of the teachers, form
16/26AS, bank payment details for salary, PF/ESlC
details, the details of the other duties as carried out by
the teachers, leave record (if required) or any other
documents related to availability of the teachers.
ii. The supporting documents may be in original/attested
legible copies of the degree of the hospital part time
teachers, non-teaching or other staff related to
deficiencies mentioned above etc. appointment order,
Joining letter, the attested copies of the experience
certificates, the appropriate office orders of the college
for any reallocation, the attendance register up to
visitation day, Biometric attendance statement, form
16/26AS, bank payment details for salary, PF/ESIC
details, the time table/duty roster indicating the
engagement of hospital staff, leave record (if required)
or any other documents related to availability of the
hospital staff/part time teachers/nonteaching staff, etc.
iii. The supporting/ relevant documents with respect to
land, construction of college as well as hospital like
architectural map/ proposed building Plan/ Zoning
Plan/ Elevation Plan/ Department wise construction
area as per RMS, 2016 and any other documents
relevant to the deficiencies as indicated above.
iv. Similarly, the supporting documents may be with
respect to other deficiencies like Instruments/Equipment,
Quality testing laboratory. Teaching pharmacy,
functionality of College website. College Council,
relevant undertaking, Central library. Herbal garden,
Central Research laboratory, Animal House, etc.,
(which ever applicable pertaining to the deficiencies).
6. It may please be also noted that no further hearing
opportunity will be given in case you do not attend the
hearing at the stipulated time and date. Further, it will be
presumed that you have nothing to say and required
necessary action in terms of the IMCC Act and the relevant
regulations will be taken based on available records."
14. The petitioners submit that the petitioner no.1 vide letter dated
10.06.2019 before the designated Hearing Committee on 12.06.2019
submitted in detail in relation to all the 14 deficiencies pointed out
with documents in support to bring forth that every deficiency had
been cured and that there was no deficiency left. The explanation put
forth by the petitioner no.1 for the 14 deficiencies pointed out by the
respondent no.1 vide the Show Cause Notice dated 03.05.2019 is to
the effect:
"(i) There is no higher faculty available in the
Department of Dravyaguna, Swasthavritta & Yoga and
Prasuti & Stri Roga against minimum requirement of 01
each as per RMS, 2016.
It is submitted that during the hearing before the
designated Hearing Committee it was explained with
supporting documents that Dr. Sunita Gupta was
appointed as Associate Professor on 03.01.2018 in the
department of Dravyaguna and she was considered as
senior faculty by the respondents in letter of permission
granted for the academic session 2018-19. Dr. Sunita
Gupta has been working since her appointment. She was
also present during the inspection conducted by
respondent No.2 on dated 15th and 16th March 2019. Her
attendance records, Form-16, photograph, with
inspection team and other required documents were
submitted before the hearing committee on 12.06.2019.
Dr. Kusum Lata was appointed on 31 December
2018 in the department of Prasuti & Stri Rog after duly
following the protocol of previous Institute (Dhanwantri
Ayurved Medical College, Bareilly) to leave after one
month notice and it was duly informed by Dr. Kusum Lata
to respondentNo.2. Dr. Kusum Lata has been working in
the college since her appointment as senior faculty in the
department of Prasuti & Stri Rog.
It was further explained to the hearing committee
that because of relieving not given by the previous college
of both these faculty, the petitioner college is unable to
register them with the respondent No.2. The supporting
documents viz copy of resignation from previous college,
appointment letter, joining letter, attendance register
(Manual & Biometric) of these two staff was submitted
before the Hearing Committee. Further the e-mails were
also submitted with regard to non-uploading the names of
Dr. Sunita and Dr. Kusum in the web portal of respondent
No.2, but despite several e-mails, the names were not
uploaded by the respondent No.2 because of the reason
that the previous Institutes of both the above said senior
faculty was not giving the relieving-cum experience letter
and for want of this relieving letter, the respondent No.2
has initiated the proceeding in the case of Dr. Sunita
Gupta and a notice was issued to the Principal, Babe Ke
Ayurvedic Medical College & Hospital, Moga (Punjab)
for hearing in respect of non-issuance of
experience/relieving certificates and was called upon to
furnish the documents as mentioned in the letter dated
02.02.2018.
Here it is relevant to mention that Dr. Sunita Gupta
was teaching in the college since her appointment dated
03.01.2018 and the permission was also granted by the
respondents for the academic year 2018-19, then under
what circumstances, the respondents has not considered
the said faculty for the academic session 2019-20, which
is beyond the control of petitioners. However, the hearing
committee was satisfied with the explanation and
documents submitted by the petitioners. It was also
explained to the hearing committee that Dr. Sunita Gupta
had left the previous college for almost more than one and
half years whereas Dr. Kusum Lata had left the previous
college for more than six months. Therefore both the
faculty should have been linked with the petitioner college
by the respondent No.2 with their web portal, but the
same has not been carried out by the respondent No.2 and
the mistake of the respondent No.2 cannot be fastened on
the petitioners.
It was further submitted before the Hearing
Committee that one higher faculty in Swasthavritta was
vacant and for that an undertaking to fill the said faculty
within 2 months was submitted.
Even otherwise as per MSR; this deficiency of one
higher faculty fall under 10 % relaxation of Teaching
Faculty to get Conditional permission.
In view of the aforesaid, the petitioner college fulfil
the 90% requirement of senior faculty as per RMS, 2016.
(ii) Specialist Doctor is not available in the Shalakya
department against the requirement of 01 as per RMS,
2016.
For the said deficiency it was submitted that Dr.
Sarvesh has been working in the petitioner college with
effect from 01.08.2018, but due to some technical error,
the petitioner college was unable to register him on the
web portal of respondent No.2. In support of the same
copy of the rejection mail along with copy of appointment
letter, joining letter, attendance register was submitted
during the hearing.
This deficiency has been removed by the
respondents in the denial letter i.e. impugned order dated
06.07.2019.
(iii) There is one laboratory technician available in the
Department of Roga Nidan evam Vikriti Vigyan against
the minimum requirement of 02 as per RMS, 2016.
For this, it was clarified that the petitioner college
has two laboratory technician namely Mr. Santosh Kumar
& Mr. Manish who are already working since 10.02.2019
and 21.02.2019 respectively and in support of the same
the petitioner college had submitted their appointment
letter, joining letter, attendance register (Manuel and
biometric) and photos of those two laboratory technician
with the visitors.
(iv) There is no specimen available in museum of
department of Ayurveda Samhita &Siddhant, Kriya
Sharir, Prasuti & Stri Roga and Dravyaguna as per
RMS, 2016.
It was submitted and clarified before the hearing
committee that the specimens in the department of
Ayurveda Samhita & Siddhant, Kriya Sharir, Prasuti &
Stri Roga and Dravyaguna are available. In support of
this the petitioner submitted the photographs of the
specimen of these departments along with copies of
central and departmental stock registers.
(v) Printer not available in all the teaching departments.
It was submitted and clarified before the hearing
committee that printers are available in the departments
and in support of this photographs of printers of these
departments were submitted along with copy of purchase
bill of 10 printers and stock register.
(vi) College website (www.siaravurved.com) is non-
functional, as specified in Regulation 9(2) of RMS.
It was clarified and explained before the hearing
committee that the website of the petitioner college is
functional and timely updated, it was submitted that the
website is www.siarayurveda.com and not
www.siarayurved.com i.e. one alphabet "a" was missing
in the record of respondent no.2. During the hearing
when the correct website of the petitioner college was
opened, it was duly opened and timely updated to which
the hearing committee was fully satisfied.
(vii) Bio-Metric attendance system is not available as per
RMS, 2016.
It was submitted before the hearing committee that
biometric attendance is available in the petitioner college
since 14 March 2019 and in support of this photocopies of
purchase bill of biometric was submitted. Biometric
attendance of three months was also submitted. It was
also informed that attendance system is not AGBAS
enabled since in spite of best efforts, the petitioner college
could not get the link with respondent No.2 due to
technical network issues, the same was informed to
respondent No.2 from time to time for which supporting
documents were submitted.
(viii) Availability of higher quality is 70% against the
minimum requirement of 90% as per RMS, 2016.
It was submitted before the hearing committee that
Petitioner College have nine (9) higher faculty including
Dr. Sunita Gupta and Dr. Kusum Lata which fulfills the
90% condition as. Per RMS, 2016.Dr. Sunita Gupta in the
department of Dravyaguna & Dr. Kusum Lata in
department of Prasuti & Stri Roga, who have been
working in the petitioner college w.e.f. 03.01.2018 &
31.12.2018 respectively, but because of relieving not
given by the previous college of both these staff, the
petitioner college was unable to register them on
the portal of respondent No.2. Copy of resignation letter
given to previous college, their appointment letter, joining
letter and attendance register (manual and biometric) and
photographs of visitors along with the aforesaid faculties
was submitted during the hearing, which fulfills the 90%
requirement as per RMS, 2016.
It was further submitted that higher faculty in
Swasthavritta is still vacant and for that it was undertaken
that the same shall be filled within a time frame of two
months. The undertaking in this regard was submitted.
Even otherwise as per MSR; this deficiency of one
higher faculty fall under 10 % relaxation of Teaching
Faculty to get Conditional permission.
In view of the aforesaid, the petitioner college fulfil
the 90% requirement of senior faculty as per RMS, 2016.
However, it is mentioned that the aforesaid
deficiency of 90% has been removed and the same is not
part of impugned order. Meaning thereby that the
petitioner college fullfils the 90% requirement of the
faculties as per RMS, 2016.
In view of the aforesaid, it clearly shows that the
petitioner college is also not having any alleged
deficiency as mentioned in para (i) which is with regard
to deficiency of higher faculty. The deficiency as pointed
out in para (i) and (viii) hereinabove are directly or
indirectly related to each other.
(ix) Functionality of hospital:-deliveries have been
conducted from 01.01.2018 to 31.12.2018 as per RMS,
It was submitted to the Hearing Committee that
deliveries in the petitioner college in last calendar year
were nil, but from the month of March 2019, six deliveries
have been conducted in the petitioner college successfully
and in support of the same one case sheet of Prasuti &
Stri Rog department was submitted before the hearing
committee.
(x) There is one (1) emergency medical officer available
against the minimum requirement of two (2) as per
RMS, 2016.
It was submitted before the hearing committee that
02 Emergency Medical Officer (Dr. Pramod Sahu and Dr.
Kanwalprit Kaur) are working in the hospital with effect
from 05.09.2017 and 01.03.2019 respectively and in
support of this the petitioner college submitted copy of
appointment letter, joining letter, attendance register and
photographs of both the Emergency Medical Officer with
the visitors.
(xi) There are 03 Panchkarma Assistant available
against the minimum requirement of 04 as per RMS,
The petitioner college had submitted before the
hearing committee that four Panchkarma Assistant
namely Mr. Sajji, Mr. Balbir, Ms. Anjali and Ms. Seema
Rana are working in the petitioner college w.e.f.
01.10.2016, 01.01.2018, 13.04.2018 and 21.02.2019
respectively and in support of the same the petitioner
college had submitted the photographs of all the aforesaid
four Panchkarma Assistant. Copy of appointment letter,
joining letter, attendance register of Ms. Seema Rana who
joined the petitioner college in place of Ms. Sunita was
submitted.
(xii) There is a shortage of some Instrument s/equipment
in following departments- Kriya Sharir Laboratory,
Labour Room Operation Theatre and OPD Section as
per RMS, 2016.
It was submitted that although there was least
shortage of instrument/equipment's and had given the
undertaking to fulfill within one month.
(xiii) Cadaver is not available in sharir Rachna dept. for
dissection.
It was submitted before the Hearing committee that
the petitioner college wrote to Sub Divisional Magistrate,
Dehradun on dated 12.11.2018 for giving the permission
to preserve, store and dissect a dead body. Copy of the
letter was submitted. However the petitioner college has
purchased a Manikine for the practical study of the
subject and copy of the purchase bill was submitted.
(xiv) Functional clinical laboratory is not available as
per RMS,2016.
It was submitted and clarified to the Hearing
Committee that the clinical laboratory is functional and in
support of the same the photographs of functional clinical
laboratory, photocopies of register of Pathology
laboratory were submitted.
Presently the petitioner college is conducting all
Hematological, Bio-chemical, Serogical and Microscopic
tests in the clinical laboratory for which the supporting
documents were submitted before the hearing committee."
15. The petitioners submit that the Hearing Committee in its
Minutes dated 12.06.2019 made no adverse remarks towards any of
alleged deficiencies pointed out by the respondent. The minutes of the
meeting dated 12.06.2019 of the respondent no.1 in relation to the oral
submissions made by the petitioner no.1 in relation to 60 seats in the
UG (BAMS) Course under Sections 13A & 13C of the IMCC Act for
the academic session 2019-20 read to the effect:
"i. There is no higher faculty available in the Department
of Dravyaguna, Swasthavritta & Yoga and Prasuti & Stri
Roga against minimum requirement of 01 each as per
RMS, 2016.
Submission: We are submitting that Dr Sunita Gupta in the
department of Dravyaguna & Dr. Kusum Lata in
department of Prasut & Stri Rog have been working in our
college since dated 03.01.2018 & 31.12.2018 respectively,
but because of reliving not given by the previous college of
both these staff, we are unable to register them on CCIM.
Copy of resignation from previous college, appointment
letter, joining letter, attendance register (Manual &
Biometric) and Form-16 of these staff is submitted. We
accept that HF is Swasthavritta is still vacant but we are
committing that within a time frame of 2 months we will
fulfil the post. An undertaking in this regard is submitted.
ii. Specialist Doctor is not available in the Shalakya
department against the requirement of 01 as per RMS,
2016.
Submission: We are submitting that Dr. Sarvesh has been
working in our college wef 01/08/2018, but due to some
technical error we are unable to register him on CCIM,
Copy of the rejection mail along with copy of appointment
letter, joining letter, attendance register is submitted.
iii. There is one Laboratory Technician available in the
department of Roga Nidan evem Vikriti VIgyan against
the minimum requirement of 02 as per RMS, 2016.
Submission: We are submitting that in our college 02
laboratory technician (Mr Santosh Kumar &Mr Manish)
are already working and in support of this we are
submitting appointinent letter, joining letter, attendance
register(Manual and Biometric) and photos of those 2
laboratory technician with the Visitors.
IV. There is no specimen available in museum of
department of Ayurveda Samhita &Siddhant, Kriya
Sharir, Frasuti &Stri Roga and Dravyaguna as per RMS,
2016.
Submission: We are submitting that specimens in the
department of Ayurveda Samhita &Siddhant, Kriya Sharir,
Prasuti &Stri Rog and Dravyaguna are available. In
support of this we are submitting photo graphs of specimen
of these departments, However we forgot to bring the
original Central stock register and departmental stock
register. Purchase order and Bills. But photocopies of
central & departmental stock registers are submitted.
v. Printer not available in all the teaching departments.
Submission: We are submitting that printers are available
in the departments. In support of this we are submitting
photo graphs of printers of these departments, However wo
forgot to bring the original Central stock register and
departmental stock register, Purchase order and Bills.
However copy of purchase bill of 10 printer is submitted.
vi. College website (www.siarayurved.com) is non-
functional, as specified in Regulation 9(2) of RMS.
Submission: we are submitting that our college website is
functional but we accept that our website is not updated as
per the MSR, However we are committing that we will
update our website every week or as per the need.
vii. Bio-Metric attendance system is not available as per
RMS, 2016.
Submission: Biometric attendance is available in our
college since 14/03/2019 and in support of this photocopies
of purchase bill of biometric is submitted. Biometric
attendance of three months is also submitted.
viii. Availability of higher faculty is 70% against the
minimum
requirement of 90% as per RMS, 2016.
Submission: We are submitting that in our college 9 HF are
available. Dr Sunita Gupta in the department of
Dravyaguna & Dr. Kusum Lata in department of Prasuti &
Stri Rog have been working in our college dated
03/01/2018 &31/12/2018 respectively, but because of
reliving not given by the previous college of both these Staff
we are unable to registered them on CCIM. Copy of
resignation from previous college, their appointment letter,
joining letter and attendance register (Manual &
Biometric) and Photograph with visitors of these staff are
submitted. We accept that HF in Swasthavritta is still
vacant but we are committing that within a time frame of 2
months we will fulfil the post. An undertaking in this regard
is submitted.
ix. Functionality of Hospital: - No deliveries have been
conducted from 1st Jan 2018 to 31st Dec 2018 as per RMS,
2016.
Submission: we are submitting that deliveries in our college
in last calendar year were nil. But from the month of March
2019, 06 deliveries have been conducted in our college
successfully, In support of this we are submitting one case
sheet of Prasuti & Stri Rog department.
x. There is 01 Emergency Medical Officer available
against the minimum requirement of02 as per RMS, 2016.
Submission: we are submitting that 02 Emergency Medical
Officer (Dr Pramod Sahu &Dr Kanwalprit kour) are
working in our hospital wef 05/09/2017 &01/03/2019
respectively and in support of this we are submitting copy
of appointment letter, joining letter and attendance register.
xi. There are 03 Panchkarma Assistant available against
the minimum requirement of 04 as per RMS, 2016.
Submission; We are submitting that 04 Panchkarma
Assistant (Mr. Sajji, Mr. Balbir, Ms. Anjali and Ms. Seema
Rana) are working in our hospital wef 01/10/2016,
01/01/2018,13/04/2018 & 21/02/2019 respectively. In
support of this we are submitting copy of appointment
letter, joining letter and attendance register of Ms Seema
Rana who joined our college in place of Ms Sunita.
xii. There is shortage of some instruments/equipments in
following departments- Kriya Sharir Laboratory, Labour
Room Operation Theatre and OPD Section as per RMS,
2016.
Submission: We are submitting an undertaking in this
regard with the commitment that we will fulfill the above
shortage this shortcoming within a month.
xiii. Cadaver is not available in Sharir Rachna dept for
dissection.
Submission: we already wrote to Sub Divisional
Magistrate on dated 12/11/18, for giving permission to
preserve, store and dissect a dead body. Copy of the letter
is submitted. However we have purchased a Manikine for
the students. Copy of the purchased bill submitted.
XIV. Functional clinical laboratory is not available as per
RMS, 2016.
Submission: We are submitting that our clinical laboratory
is functional and in support of this we are submitting
photocopies of register of Pathology laboratory."
16. The petitioners have further submitted that the clarification and
response submitted by the petitioners was not at all taken into account
by the respondent no.1, which passed the impugned order dated
06.07.2019 mechanically and arbitrarily denying permission to the
petitioner college to effect admissions in the BAMS course with 60
seats for the academic session 2019-20. The petitioners submit that the
said order is arbitrary and illegal and does not take into account the
explanation put forth by the respondent no.2 to the college.
17. The petitioners have further submitted that the impugned order
dated 06.07.2019 is not a reasoned order and gives no explanation and
does not advert to the explanation of the petitioner no.1 nor was any
specific deficiency pointed out to indicate as to how the petitioner
college was deficient on various parameters. The petitioners submit
that they have complied with all the statutory requirements which
entitled them to be accorded permission for intake of 60 seats for the
BAMS Course for the academic session 2018-19 and that the
petitioners are aggrieved by the order of the respondent no.1 denying
the permission to the petitioner no.1 college for taking admission to
the BAMS (UG) Course for 60 seats for the academic session 2019-20
as the same suffers from illegality, arbitrariness and non-application of
mind. The petitioners submit that all deficiencies had been explained
by the petitioner by photographs, bills of purchase, registers to the
complete satisfaction of the Hearing Committee.
18. The petitioner has further submitted that the petitioner college
has spent a huge amount for enhancement of infrastructure and other
clinical material and would suffer a huge financial as well as academic
loss due to denial of permission for effecting admissions to the BAMS
(UG) Course with 60 seats for the academic session 2019-20 on non-
existing grounds.
19. The respondent no.1 through the affidavit of the Under
Secretary to the Govt. of India, Ministry of AYUSH, AYUSH
Bhawan, New Delhi has submitted to the effect:
"01.That the Shivalik Institute of Ayurved and Research,
Jhajra, Chakrata Road, Dehradun-248007, Uttarakhand
was granted conditional permission under section 13C/13A
of the IMCC Act, 1970 to take admission with 60 seats in UG
(BAMS) course for the academic session 2018-19 vide
Ministry's letter dated 07.09.2018 for 2018-19.
2. That vide letter dated 07.09.2018, the Ministry has granted
conditional permission to the Petitioner college for Academic
Session 2018-19 subject to the condition that the petitioner
college shall fullfill the deficiencies before 31 st December,
2018:
A. Aadhar based Geo Location enabled attendance
system for teaching staff, Non teaching staff, hospital
staff as per RMS 2016.
B. Functional web based computerized central
registration system in the Hospital
C. Functional USG section in the hospital.
03.That it is submitted that vide letter dated 07.09.2018 the
petitioner college was further instructed that the fulfilment of
the conditions attached to the permission given above may be
made within the time period and should be submitted to the
ministry of AYUSH. The CCIM will verify that the conditions
have been fulfilled by means of an inspection for considering
the permission from the academic session 2019-20.
04. That on 15-16.03.2019 the CCIM has conducted silo
moto inspection of the college to reassess the available
facilities of teaching and practical training as well as to
verify the compliance report submitted by the college. The
CCIM had forwarded the visitation report to the Ministry of
AYUSH vide letter dated 28.05.2019 and recommended for
"Not Granting Permission" for UG (BAMS) course for the
session 2019-20 under section 13A/13C of the IMCC Act,
1970 with following shortcomings:-
1. Teaching Departments:-
(i) There is no specimen available in museum of department
of Ayurveda Samhita & Siddhant, Kriya Sharir, Prasuti &
Stri Roga and Dravyaguna. (THUS THERE IS TOTAL
DEFICIENCY OF 4 HIGHER FACULTIES).
(ii) Printer not available in all the teaching departments.
2. College website (www.siaravurved.com) is non-
functional.
3. AGBAS Bio-Metric attendance system is not available.
4. Teaching Staff:-
(i) There is no higher faculty available in the department of
Dravyaguna, Swsthavritta & yoga and Prasuti & Stri Roga
against minimum requirement of Olin each. (THUS THERE
IS TOTAL DEFICIENCY OF 4 HIGHER FACULTIES)
(ii) Availability of higher faculty is 70% against the minimum
requirement of 90%.
5. Functionality of Hospital:- No deliveries have been
conducted from 1st Jan 2018 to 31st Dec 2018.
6. Hospital Staff:-
(i) There is 01 Emergency Medical Officer available against
the minimum requirement of 02.
(ii) There are 03 Panchkarma Assistant available against the
minimum requirement of 04.
7. There is shortage of some instruments/equipments in
following departments- Kriya Sharir Laboratory, Labour
Room Operation Theatre and OPD Section.
05. That the Ministry has examined the recommendations
and visitation report of the CCIM in terms of the "Indian
Medicine Central Council (Requirements of Minimum
Standard for under-graduate Ayurveda Colleges and
attached Hospitals) Regulations, 2016, provisions under
the IMCC Act, 1970, relevant regulations made thereunder
and as per approved Standard Operative Procedures
(SOPs) and policies issued from time to time for issuing
Permission for this purpose.
06.That the Ministry has examined the case in light of
above notified & approved criteria and on perusal of
visitation reports. It was observed that the; college was not
fulfilling the basic eligibility condition and the following
deficiencies were found:
I. There is no higher faculty available in the department
of Dravyaguna, Swasthavritta & yoga and Prasuti &
Stri Roga against minimum requirement of 01 in each
as per RMS, 2016.
II. Specialist doctor is not available in the Shalakya
department against the requirement of 01 as per RMS,
2016.
III. There is one Laboratory Technician available in the
department of Roga Nidan evem Vikriti Vigyan against
the minimum requirement of 02 as per RMS, 2016.
IV. There is no specimen available in museum of
department of Ayurveda Samhita & Siddhant, Kriya
Sharir, Prasuti & Stri Roga and Dravyaguna as per
RMS, 2016.
V. Printer not available in all the teaching departments.
VI. College website (www.siaravurved.com) is non
functional, as specified in regulation 9(2) of RMS.
VII. Bio-Metric attendance system is not available as
per RMS, 2016.
VIII. Availability of higher faculty is 70% against the
minimum requirement of 90% as per RMS, 2016.
IX. Functionality of Hospital; - No deliveries have been
conducted from 1Jan 2018 to 31Dec 2018 as per RMS,
2016.
X. There is 01 Emergency Medical Officer available
against the minimum requirement of 02 as per RMS,
2016.
XI. There are 03 Panchkarma Assistant available
against the minimum requirement of 04 as per RMS,
2016.
XII. There is shortage of some instruments/equipments
in following department- Kriya Sharir Laboratory,
Labour Room Operation Theatre and OPD Section as
per RMS, 2016.
XIII. Cadaver is not available in Sharir Rachna dept for
dissection.
XIV. Functional Clinical laboratory is not available as
per RMS, 2016.
07. That considering the deficiencies, the college was given
an opportunity of hearing vide Hearing dated 03.05.2019 in
terms of the first proviso to sub section (5) of Section 13A of
the IMCC Act, 1970 to appear on 12.06.2019 at 10.00 AM.
The college was instructed to make oral as well as written
submissions in respect of the case.
08. The college was represented by Dr. Simran, Principal,
and Dr. Satender Kumar, Director of the aforesaid college.
The representatives of the college submitted oral as well as
written submissions against the deficiencies conveyed to
them vide the Ministry's letter dated 03.05.2019.
09.That in view of the observation of the Hearing Committee
based on submission made by the college representatives
during hearing and the recommendations and visitation
report of the CCIM it is found that Shivaiik Institute of
Ayurved and Research, Jhajra, Chakrata Road, Dehradun-
248007, Uttarakhand is not fulfilling the following basic
minimum requirements for grant of permission for the
academic session 2019-20:
I. There is no higher faculty available in the department of
Dravyaguna, Swasthavritta & yoga and Prasuti & Stri Roga
against minimum requirement of 01 in each as per RMS,
2016. (Teaching staff is essential for conduction of regular
classes for the Students and necessary Patient care through
the OPD& IPD services and play cardinal role in the
functionality of the college & hospital)
II. There is one Laboratory Technician available in the
department of Roga Nidan evem Vikriti Vigyan against the
minimum requirement of 02 as per RMS, 2016. (Technical
and other staff is essential for smooth functioning of
teaching department, clinical departments & college
administration).
III. There is no specimen available in museum of department
of Ayurveda Samhita & Siddhant, Kriya Sharir, Prasuti &
Stri Roga and Drvyaguna as per RMS, 2016.
IV. Printer not available in all the teaching departments.
V. College website (www.siaravurved.com) is non-
functional, as specified in Regulation 9(2) of RMS. (Updated
college website is important for disseminating the overall
information regarding the college to the public and the
students. It also reflects the regular functionality of the
college and hospital).
VI. Bio-Metric attendance system is not available as per
RMS, 2016. (Biometric attendance is important parameter to
assess the regular availability of teaching faculty for
conduction of regular classes for the Students and regular
availability of Hospital staff for necessary Patient care
through the OPD& IPD services).
VII. Functionality of Hospital: - No deliveries have been
conducted from 1st Jan 2018 to 31®' Dec 2018 as per RMS,
2016. (Absence of functional Labour room adversely affects
the ability of college to provide quality medical education&
Training to the student and proper medical/surgical care to
the patients)
VIII. There is 01 Emergency Medical Officer available
against the minimum requirement of 02 as per RMS, 2016.
(Hospital Staff is essential for providing necessary Patient
care through the OPD& IPD services and play cardinal role
in the functionality of the hospital)
IX. There are 03 Panchkarma Assistant available against
the minimum requirement of 04 as per RMS, 2016.
X. There is shortage of some instruments/equipments in
following department- Kriya Sharir Laboratory, Labour
Room Operation Theatre and OPD Section as per RMS,
2016 (Equipments & Instruments are necessary for
imparting practical training to students and also for
conduction of various clinical procedures in OPD/IPD/OT.
XI. Cadaver is not available in Sharir Rachna dept for
dissection. (It is very much essential for practical training of
human anatomy to the Students).
XII. Functional Clinical laboratory is not available as per
RMS, 2016. (It is very much essential for providing proper
medical care to OPD & IPD patients).
10. That in view of the shortcomings and deficiencies the
Ministry it is found that the said college is not fulfilling the
requirements as per regulation 3 of the Indian Medicine
Central Council (Requirements of Minimum Standard for
Undergraduate colleges and attached Hospital)
Regulations, 2016, provision under the IMCC Act, 1970,
relevant regulation made there under and as per approved
Standard Operative Procedures (SOPs) for granting
permission for 60 seats in UG (BAMS) course for the
academic session 2019-20.
11. That vide letter dated 06.07.2019, the Central
Government for denial of permission to Shivalik institute of
Ayurved and Research, Jhajra, Chakrata Road, Dehradun-
248007, Uttarakhand with 60 seats in UG (BAIWS) course
under section 13A/13C of the IMCC Act, 1970 for the
academic session 2019-20.
12.Furtlier, it is informed that the college is being provided
a period up to J1.12.2019 to fulfill the shortcomings
observed during this year as mentioned in above paras
along with the following requirements, so that the CCIM
may carry out inspection of the college for consideration of
matter for grant of permission for taking admissions in UG
(BAMS) course from the academic year 2020-21."
20. The respondent no.1 thus submits that the petitioner college is
not entitled to any relief. The said short affidavit submitted on behalf
of the respondent no.1 indicates that as on the date when the
inspection was conducted by the CCIM on 15/16.03.2019, deficiencies
as detailed in the letter dated 06.07.2019 Annexure P-1 were found to
exist in the petitioner no.1 college.
21. Regulation 3(1)(a) of the Indian Medicine Central Council
(Requirements of Minimum Standard for Undergraduate colleges and
attached Hospital) Regulations, 2016 categorically stipulates to the
effect that the Ayurveda colleges established under Sections 13A &
13C of the IMCC Act and their attached hospitals were to fulfil the
requirement of minimum standards for infrastructure and training
facilities referred to in the regulation 4 to 11 upto 31 st December of a
year and that the petitioner was provided a period till 31.12.2019 to
fulfil the shortcomings that had been observed in the year 2019, so
that the CCIM may carry out the inspection for consideration of the
matter for grant of permission to effect admissions in the BAMS (UG)
Course for the academic session 2020-2021.
22. The petitioner put forth a chart to indicate the comparative
assessment for the year 2019-20 and the CCIM Visitors Report and
requirements as per RMS, 2016, which chart reads to the effect:
"
23. The respondent no.1 also placed on record the Visitation Report
of the visitation conducted suo moto by the respondent no.2 of the
petitioner no.1 on 15/16.03.2019 on behalf of the respondent no.1
whilst contending that the deficiencies that had been pointed out by
the respondent no.2 in its 1st inspection conducted on 07.02.2018 and
as per revisit on 28/29.05.2018 itself had not been removed by the
petitioner.
24. Reliance has been placed on behalf of the respondent on the
verdict of the Hon'ble Division Bench of the Calcutta in Raghunath
Ayurved Mahavidyalaya & Hospital & Ors. Vs. Union of India &
Ors. in MAT 1553/20118 to contend that timelines specified under
Regulation 3(1)(a) of the Indian Medicine Central Council
(Requirements of Minimum Standard for Undergraduate colleges and
attached Hospital) Regulations, 2016 is specifically and mandatorily
required to be adhered to and where the requisite requirements of
deficiencies were not made up by the 31st December of any year, the
permission for conducting the academic session from the next
forthcoming year cannot be granted. The observations of the Hon'ble
Division Bench of the Calcutta in the said verdict vide paras 8, 9 & 10
are to the effect:
"There is however, no quarrel with the proposition of law
as laid down by the Hon'ble Supreme Court of India in the
decision reported at [AIR 1987 (SC) 537 (Comptroller and
Auditor General of India Gian Prakash, New Delhi and
Another appellants -vs.- K.S. Jagannathan and Another
respondents)] cited by the learned Advocates of the
appellants. However, in the facts of the instant case it
appears that the appellants herein have failed and
neglected to comply with the requirements within the
stipulated time limit. The respondent authorities had
directed the appellant to comply with the requirements by
December 31, 2017 for grant of permission for the
academic session 2018-2019. Thus, the respondent
authorities were well within their authority to deny
permission to the appellants herein to admit students to
UG Course for the academic sessions 2018-2019.
The decision reported at [(2013) 16 SCC 96 (Ayurved
Shastra Seva Mandal and Another -vs- Union of India and
Others)] cited by the learned advocate for the respondent
No.1 is squarely applicable to the facts of the instant case.
In the case in hand, the respondent authorities after
conducting inspection were of the opinion that the college
has not fulfilled the requirements for grant of permission
to admit students in UG Course for the academic session
2018-2019. The appellants in the reply to the show cause
notice have rather admitted that they have complied with
the requirements after receipt of the show cause notice.
Since the respondent authorities being the experts to judge
as to whether the college has fulfilled the criteria for grant
of permission is of the opinion that permission for the
academic session 2018-2019 cannot be granted, it is not
for this court to set aside the said order denying
permission as there is nothing to show that the respondent
authorities have failed to exercise or has wrongly
exercised the discretion conferred upon it by the statute.
The appellants have failed to show that the decision of the
respondent authority is a mala fide one or is based on
irrelevant considerations or that relevant materials have
been ignored by it while passing the order denying
permission to admit the students for the academic session
2018-2019.
The appellants have failed and neglected to fulfil the
requirements as indicated in sub-paragraphs (i), (ii) and
(iii), of paragraph 4 of the letter dated August 4, 2017, on
or before December 31, 2017. As such the appellants are
not entitled to admit students to BAMS Course for the
academic session 2018-2019. Thus, the respondent
authority was justified in denying permission to the
appellants for taking admission to the said course for the
academic session 2018-2019."
ANALYSIS
25. On a consideration of the submissions that have been made on
behalf of either side, in terms of Regulation 3(1)(a) of the Indian
Medicine Central Council (Requirements of Minimum Standard for
Undergraduate colleges and attached Hospital) Regulations, 2016, it
being apparent through the inspection conducted by the respondent
no.2 on 15/16.03.2019 as per copy of the Visitation Report of the
petitioner no.1, the assessment made for the year 2019-20 read to the
effect:
"8. Assessment
8.1 Observation by the visitors
Observations
The college is having 26 Teachers at the time of visitation. The
college has filled 19 teachers in Part-1. Remaining 7 teachers
are working with college, as below:-1. Dr. Kusumlata Lohiya
having teacher code AYUPS0161 working in the department of
PTSR has applied for appointment of new teacher but she is not
showing in part-2. She has Joined this college on 31.12.2018.
The college has mailed to CCIM on March 2nd, 2019 for the
same. 2. Dr. Sarversh Kumar AYUSK0884 assigned to
T0000032 working in department of shalakya has joined the
college on 01.08.2018. 3. Dr. Sunita Goyla AYUAT0536 has
applied for linking to this college on 12.01.2018 but not yet
approved. 4. Dr. Surekha Manohar Vadalkar has applied for
linking and the CCIM has approved her on 09.03.2019 but she is
not showing in Part-2. 5. Dr. Kamal Kishore presently having
teacher's code AYURN1247 is working in this institute since
02.11.2018 previously he has teacher code AYUKS1098. He
applied for new code in Roga Nidana. Dr. Kishore was allotted
new teacher code on 09.03.2019 so he is not showing in Part-
2.6. Dr. Nidhi Garg presently having teacher code AYUDG1413
is working with this college since 02.04.2018 in the department
of Dravyuaguna. She has applied for changing the teacher code
02.04.2018 and new code was issued on 08.03.2019. 7. Dr.
Diwaker Shukla has applied for teacher code on 17.08.2018 and
issued on 13.03.2019. He is not showing in Part-2. Mr. Deepak
Prasad Kumar appointed as yoga teacher not found present. He
is working on call.- Non-Teaching-Seema Rana having ID No.10
working as LT in Roga Nidana in the section of hospital staff
has left the college on 20.02.2019. Mr. Manish has joined on
21.02.2019 for above post. Hosptal:- Sunita having ID No.11
working as PK Assistant has left the college and the college has
appointed Ms. Seema as PK Assistnat having ID No.11- Dr.
Neha Bhatt has left the college ID No.02 working as EMO. The
college has appointed Dr. Kanwal Preet Kaur on 01.03.2019 as
EMO.- The college has appointed Dr. Mahesh Kumar Jha as
Physiotherapist on 14.05.2018 in Modern Medical Staff section.-
Cadaver is not available virtual (Manakin) vadaver is available.
The College has applied for new cadaver to DM.-Biometric
AGBAS is not functioning. There is another type of Biometric as
thump impression is functional.- IPD and Bed occupied details
are filled as same digits in Part-1. Examining the records we
found that the CIPD is 1859 and Occupied days are 11754. But
the college has filled 11754 in IPD as well as Bed occupied in
Part-1.- Acquaintance Salary Register of Hospital Staff and
Teaching Staff should be separated.- Record Keeping can be bit
improved. The college is having herbal garden with medicinal
plants.
8.2 Overall Assessment by the Council"
S.N Assessment Minimu Availa Meeting Other
O. Parameter m ble/ the Findings
require not require
ment availa ment
ble
1 Constructed 1578.0 Availa Yes 2076.74
area of the ble
college (in sq.
mt.)
2 Shortcomings in - No Yes -
individual
components of
constructed
area of college
Halls ble
4 Constructed 2000.0 Availa Yes -
area of Hospital ble
(in sq. mt.)
5 Shortcomings in - Yes No There is
individual shortcom
components of ing(s) in
constructed individua
area of Hospital l
compone
nts of
construct
ed area
of
hospital.
Please
refer to
Table
no.5.1
6 Available area 2500.0 Availa Yes -
of Herbal ble
garden (in sq.
mt.)
7 Minimum - Not No College's
requirement of availa Total
teaching staff in ble eligible
all the HF 7
department. and
eligible
LF 15.
Shortco
mings of
HF 3
and LF
8 Department - No Yes -
without Teacher
9 Availability of Require Not No 63.02%
HF in %age d availa
(including ble
excess)
10 Availability of Require Not No 92.16%
Total Teaching d availa
staff in %age ble
(including
excess)
11 Availability of Require Not No Required
atleast 8 HF in d availa HF is
minimum 8 ble not
Depatments available
in
required
departme
nts.
Please
refer to
table
no.3.1.
12 Any ineligible - No Yes -
teacher as per
council
verification
13 Shortcomings in 1 No Yes -
Yoga Teacher
14 Shortcomings of 1 Yes No There is
Biostatistician a
shortcom
ing of 1
Biostatist
icians.
15 Minimum - Not No 1.Roga
requirement of availa Nidan
Non-teaching ble evam
staff in all the Vikriti
departments Vigyan
has 1
less
Laborato
ry
Technici
an
Please
refer to
table 4.1
for more
details.
16 Availability of Require Not No 96.00%
Non Teaching d availa
staff in %age ble
17 Minimum - Not No 1.Emerg
requirement of availa ency
Hospital staff in ble Medical
all the Officer is
departments short by
2.Panchk
arma
Assistant
is short
by 1.
18 Availability of Require Not No 96.43%
Hospital Staff in d availa
%age ble
19 Minimum 5000 Availa Yes -
requirement of ble
books available
in the library
20 Computerized Require Availa Yes OPD:
central d ble available
registration IPD:
availability in Available
the Hospital
21 All modern 9 Availa Yes -
medical ble
consultants
22 Availability of 1 Availa Yes -
Yoga Teacher ble
23 OPD Patients 120.0 Availa Yes -
count (per day) ble
24 Bed occupancy 40.0 Availa Yes -
% ble
25 PG Clinical 1:20 for - - -
Registrars/ Beds
Senior Resident
requirement as
per the MSR
(Application
only for PG
Institutionis)
26 Equipment and Require Not No Instrume
instruments d availa nts/Equi
availability ble pments
are not
available
in some
sections.
Please
refer
Table 7.1
27 Availability of Require Not No 95.65%
General availa
Equipments/Inst ble
ruments in
%age
28 Availability of Require Not No 91.55%
Essential Availa
Equipments/Inst ble
ruments in
%age
29 Statutory - - Not Not
approval of the require required
availability of
attached
hospital as per
the state/local
norms
30 Availability of Require Not No There is
AGBAS availa shortcom
Biometrics to ble ing in
track tracking
attendance of attendan
Staff ce of
Teaching
,
Hospital
and Non
Teaching
staff.
31 Availability of Require Availa Yes -
College Council ble
and its
constitution as
per norms.
32 Availability of Require Availa Yes www.siar
the college ble ayurved.c
website om
"
which thus brings forth that there were shortcomings inter alia in
relation to the minimum requirement of teaching staff in all
departments with deficiencies in relation to the higher faculty,
shortcoming of biostatistician with a lack of laboratory technician,
with a lack of emergency medical officer, with a lack of
Panchkarma Assistant, with requisite instruments not being
available, with their being shortcomings in the tracking
attendance of teaching, hospital and non-teaching staff coupled
with the factum that the DM-Biometric AGBAS was not
functional and the petitioner had filled in the CIPD as 1859 and
occupied days are 11754 but that the college had filled in 11754 in
IPD as well as Bed occupied in Part-I, it is apparent that the
deficiencies that had been pointed out by the respondent no.2 on
inspection of the petitioner no.1 college cannot be ignored, and even if
as sought to be contended on behalf of the petitioner that the
deficiencies had been removed in relation to the appointment of
faculty by the names of Ms. Sunita Gupta and Dr. Kusumlata being
uploaded on the portal of the petitioner, the same in any event were
uploaded beyond 31.12.2018, apart from also the appointment of
Laboratory Technicians Mr. Santosh Kumar & Mr. Manish as per
records were uploaded and registered only after 31.12.2018 with the
bio-metric attendance mechanism being available with the petitioner
college only from 14.03.2019, it is apparent that the impugned order
dated 6.7.2019 issued by the respondent no.1 declining the permission
to the petitioner college for induction of students with 60 seats in the
UG BAMS Course under Sections 13A & 13C of the IMCC Act, 1970
for the academic year 2019-20 cannot be faulted with.
26. The petition thus seeking the setting aside of the order dated
issued vide letter F. No.L-14014/253/2019-EP(IM-1) for 2019-20 of
the Respondent No.1 denying the permission to the petitioner no.1
college for taking admission to BAMS course with 60 UG seats for
academic session 2019-20, is declined. The application CM APPL.
32943/2019 is also thus declined. The same would however not
preclude the petitioner from seeking consideration for grant of
permission for the petitioner no.1 institute for taking admission in UG
BAMS Course for the academic session 2020-21. Copy of the
judgment be given dasti under the signatures of the Court Master, as
prayed.
ANU MALHOTRA, J.
th
AUGUST 19 , 2019 /vm
