Inner Vision Education And ... vs Union Of India
2022 Latest Caselaw 7771 Guj

     C/SCA/13473/2022                            JUDGMENT DATED: 09/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 13473 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE                  Sd/-

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1     Whether Reporters of Local Papers may be allowed                Yes
      to see the judgment ?

2     To be referred to the Reporter or not ?                         Yes

3     Whether their Lordships wish to see the fair copy               Yes
      of the judgment ?

4     Whether this case involves a substantial question               Yes
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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             INNER VISION EDUCATION AND CHARITABLE TRUST
                                 Versus
                             UNION OF INDIA
==========================================================
Appearance:
MR DC DAVE, learned Senior Advocate assisted by MR UDAYAN P
VYAS(1302) for the Petitioner(s) No. 1,2
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 2,3
MR SIRAJ R GORI(2298) for the Respondent(s) No. 5
MR. KM ANTANI(6547) for the Respondent(s) No. 4
NOTICE SERVED BY DS for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                             Date : 09/09/2022
                             ORAL JUDGMENT

1. The present writ petition is filed praying for the

following reliefs:

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

"(A) That, this Hon'ble Court be pleased to issue writ of Certiorari or writ in the nature of Certiorari or any other appropriate writ, order or direction quashing and setting aside an Order dated 30th May, 2022 (Annexure "Q") passed by Ministry of AYUSH, Central Government confirming an Order dated 7th April, 2022 (Annexure "O") communicated by the Secretary, National Commission for Indian System of Medicine confirming the Order dated 11 th February, 2022 (Annexure "I'") as well as the order dated 21st December, 2021 (Annexure "F") passed by President, Medical Assessment and Rating Board for Indian System of Medicine rejecting the Application for permission to open new College in the name and style of "Shridhar Atulkumar Jani Ayurvedic Medical College and Hospital" with an intake of 60 seats in BAMS Course on and from the Academic Year 2022-23;

(B) That, this Hon'ble Court be pleased to issue writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ, order or direction commanding Respondents herein to grant permission to open new College in the name and style of "Shridhar Atulkumar Jani Ayurvedi Medical College and Hospital" with an intake of 60 seats in BAMS Course on and from the Academic Year 2022-23;

(C) That, this Hon'ble Court be pleased to issue writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ, order or direction commanding the

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

Admission Committee, Respondent No.4 herein, to include the name of and allot students to "Shridhar Atulkumar Jani Ayurvedic Medical College and Hospital" run and managed by Petitioner No.1 in the centralized process of admission for BAMS Course from the academic year 2022- 23 with an intake of 60 seats with a further direction to Gujarat Ayurved University, Jamnagar to enroll students so admitted;

(D) That, pending admission, hearing and. final disposal of this Petition, this Hon'ble Court be pleased to allow "Shridhar Atulkumar Jani Ayurvedic Medical College and Hospital" run and managed by Petitioner No.1 to admit students with an intake of 60 seats to BAMS course for the Academic Year 2022-23 through the centralized process of admission undertaken by Admission Committee of the State with a further direction to Gujarat Ayurved University to enroll students so admitted on such terms and conditions as the Hon'ble Court may deem fit and proper;

(E) That, this Hon'ble Court be pleased to grant such further and other relief as the nature and circumstances of the case may require;

(F) That, this Hon'ble Court be pleased to award the cost to this Petition."

2. The brief facts of the case are that:

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2.1 The petitioner No.1 is registered Public Trust and the

petitioner No.2 is a Managing Director (Trustee) of the

petitioner No.1-Trust. One of the principal objective of the

petitioner-Trust is to provide medical services and

assistance and in furtherance of the said objective, the

petitioners have established an Educational Institution for

imparting education in the discipline of Ayurvedic Medicine.

2.2 Pursuant thereto, they made an application to the

respondent No.3 for permission to open the new college in

the name and style of "Shridhar Atulkumar Jani Ayurvedic

Medical College and Hospital" with an intake of 60 seats in

BAMS Course for the academic year 2022-23.

2.3 The respondent No.2 declared vide its letter dated

30.06.2021 that the renewal-application for new Ayurvedic

College should be made from 01.10.2021 to 31.10.2021 for

the academic year 2022-23. The petitioners herein made an

application to the Health and Family Welfare Department,

Government of Gujarat, Gandhinagar on 12.10.2021 for No

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

Objection Certificate for opening a new Ayurvedic College.

The "No Objection Certificate" of the State Government came

to be issued on 30.10.2021 to the petitioners. Further by

letter dated 26.10.2021, the petitioners herein also made an

application to the Ayurvedic University for affiliation. The

said affiliation came to be rejected for want of "No Objection

Certificate" from State Government on 30.10.2021.

Therefore, a new application for affiliation was made to

respondent No.5 on 16.11.2021.

2.4 Simultaneously, the petitioners also made an

application to the respondents herein for starting the new

Ayurvedic Medical College and Hospital with an intake of 60

seats for imparting education in Ayurvedic Medicine for the

degree of BAMS for the academic year 2022-23. The said

application was made on the last date i.e. 31.10.2022 of the

submission of forms. By its letter dated 21.12.2021, the

respondent No.2 informed the petitioners that their

application dated 23.10.2021 seeking permission of

respondent Nos.2 and 3 under Section 29 of the National

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

Commission for Indian System of Medicine Act, 2020 (for

short "the Act") and the relevant regulations thereunder to

start the Ayurvedic College is ineligible and incomplete as

the consent of affiliation of the concerned University is not

available with the proposal submitted by them. Accordingly,

the petitioners' application for opening new Ayurvedic

Medical College was to be rejected and returned to the

petitioners.

2.5 That thereafter, the petitioners received the consent of

affiliation from the Gujarat Ayurvedic University, Jamnagar

vide order dated 27.01.2022. Accordingly, by letter dated

29.01.2022, the petitioners herein forwarded the Consent of

Affiliation to the respondent Nos.1 and 2. The respondents

by a letter dated 11.02.2022 intimated to the petitioners

that since their application was already rejected and

returned back on 21.12.2021, the consent of affiliation

dated 27.01.2022 cannot be accepted at this stage.

Accordingly the request of the petitioners came to be

rejected.

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

2.6 Aggrieved the petitioners preferred an appeal under

Section 29(5) read with Section 24(3) of the Act before the

respondent No.2 challenging the rejection of their

application with the following prayers:

(A) That, Application in the form of a Scheme for permission to open new College in the name and style of Shridhar Atulkumar Jani Ayurvedic Medical College and Hospital" with an intake of 60 seats in BAMS Course on and from the Academic Year 2022-23 be allowed;

(B) That, an Order ated 11th February, 2022 confirming the order dated 27th December, 2021 passed by President, Medical Assessment and Rating Board for Indian System of Medicine, inter alia rejecting the Application for permission to open new College in the name and style Shridhar Atulkumar Jani Ayurvedic Medical College and Hospital" with an intake of 60 seats in BAMS Course on and from the Academic Year 2022-23 be quashed and set aside;

(C) That, such further and other relief be granted as the nature and circumstances of the case may required;

2.7 Accordingly, the hearing was given by the designated

committee to the petitioners on 04.04.2022. By its letter

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

dated 07.04.2022, the respondent No.2 informed the

petitioners about its decision as under:

"Hearing committee enquired with the College authority for not submitting the Consent of Affiliation (Form-5) issued from Concerned University on scheduled time.

In response of the same College clarified that after receiving Consent of Affiliation from Concerned University on dated 27.01.2022 college has submitted the same to NCISM. But Hearing Committee observed that the date of submission Consent of affiliation was 27.01.2022 which is after 31.10.2022 which was not acceptable as the last date of submission of all requisite documents for establishment of a new Ayurveda Medical College was till 31.10.2021 which was communicated through Ministry of Ayush website.

For this hearing committee concluded that as per 13A Regulation under 7(1) The after receipt fo the applications shall be scrutinized the application on the basic of eligibility criteria like application fee, No Objection Certificate of the State Government and Consent of Affiliation of the University etc, only eligible applications should be considered for further process and the ineligible and incomplete applications shall be rejected and returned to the applicants".

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

Hence, the submission of the college cannot be considered and college is not entitled any relief."

2.8 Aggrieved the petitioners preferred an appeal under

Section 9(6) of the Act against the order dated 07.04.2022

before the Secretary Ministry of Ayurveda, Yoga,

Naturopathy, Unani, Siddha, Sowa-Rigpa and

Homoeopathy, Government of India.

2.9 By letter dated 30.05.2022, the Government of India

was pleased to reject the second appeal of the petitioners to

the Central Government. The petitioners have therefore,

preferred the present writ petition for aforementioned reliefs.

3. Mr.D.C. Dave, learned Senior Advocate assisted by

Mr.U.P. Vyas, learned advocate for the petitioner submits

that nowhere in the procedure and the application, there

was stipulation that the submission of the necessary

approval was mandatory at the time of submission of the

application for new Ayurvedic College. He further submits

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

that even if it is accepted that the approvals from the State

Government as well as from the University were mandatory,

still the Proviso to Section 29(3) of the Act provides for an

opportunity to rectify the defects before rejecting the scheme

seeking permission to start a new college and Section 29 (3)

Act provides maximum three months time to decide the

application for permission to open new college. However, the

respondents herein rejected the application of the

petitioners before the expiry of three months without

providing any opportunity to the petitioners to cure such

defects which were in the application/scheme.

4. He further submits that three months period for curing

the defects would have ended on 31.01.2022. If the

petitioners would have been granted an opportunity to

rectify the defects, the same were already submitted before

31.01.2022 and the application of the petitioners would not

have been rejected for want of necessary documents. The

learned Senior Advocate furthers submits that the action of

the respondents is bad in law and contrary to the provisions

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

of Section 29(3) of the Act and more particularly, the

proviso.

5. Learned Senior Advocate has relied on the judgment in

the case of Royal Medical Trust Versus Union of India and

another, reported in (2014) 14 SCC 675 and the judgment

dated 09.08.2018 passed by the Co-ordinate Bench of this

Court in Special Civil Application No.10523 of 2018. It is

further submitted that in the case of Royal Medical Trust

(supra), the Hon'ble Supreme Court has held that since the

college was not at fault but was constrained due to the

delay on the part of the university regarding non-issuance

of the Consent of Affiliation, the application of the college

ought to have been considered. He further submits that Co-

ordinate Bench of this Court in Special Civil Application

No.10523 of 2018 while relying on the judgment of the

Hon'ble Apex Court in Royal Medical Trust (supra) has also

granted similar relief to the petitioner therein allowing the

petition and to consider the application/scheme dated

28.04.2017 submitted by the petitioner therein for

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

establishing new Ayurvedic Medical College.

6. He further submits that as on date, the respondents

are still in the process of assessing the schemes received by

them for academic year 2022-23 and are in the process of

issuing letter of intent. If this Court directs the respondents

to consider the application/scheme of the petitioners, there

would not be any delay and the same can be processed on

its own merits for the academic year 2022-23.

7. Per Contra, Mr.Harsheel Shukla, learned advocate for

the respondent Nos.2 and 3 has placed reliance on

Regulation 7 of 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, 2019. He submits that as per the said

Regulation, the respondents scrutinize all the applications

on the basis of eligibility criteria like application fee, No

Objection Certificate of the State Government and Consent

of Affiliation of the University etc. and only those

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

applications which are eligible and complete in all respect

are taken for further consideration and ineligible and

incomplete applications are rejected and returned.

8. He further submits that in the present case, on the

date when the application was filed, there was no "No

Objection Certificate" of the State Government and the

consent of affiliation from the concerned University with the

application form. No Objection Certificate of the State

Government was forwarded later on. On the date of scrutiny

of the application, the application of the petitioners was

lacking the necessary consent of affiliation from the

concerned University and therefore, in terms of Regulations

7, the application of the petitioners came to be rejected and

the same was returned to the petitioners. Thereafter, by the

email, the consent of affiliation from the University was

forwarded which was much later after the rejection of the

application of the petitioners. Since the application of the

petitioners was already rejected by the respondent Nos.2

and 3, the said Consent of Affiliation document was not

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

taken on record by the said respondents.

9. Mr.Shukla, learned advocate for the respondent

further submits that the application forms are scrutinized

as per the Regulation 7 whereas the application form

complete in all respects is assessed under Section 29 of the

Act as a scheme. He relies on Section 29(2) of the Act which

provides for submission of a scheme. He further submits

that proviso to Section 29 (3) of the Act is applicable to the

scheme as submitted by the new college and not to the

application form which is assessed under Regulation 7.

10. He submits that Section 29 (3) of the Act and proviso

are applicable only on the acceptance of the application

form and cannot be read in isolation of Regulation 7. He

further submits that the judgment relied upon by the

petitioners in the case of Royal Medical Trust (supra) as well

as the judgment of the Co-ordinate Bench of this Court in

Special Civil Application No.10523 of 2018 dated

09.08.2018 has no application in the facts and

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

circumstances of the present case. He submits that in the

present case on the date of making application for opening

of the new college, the petitioners did not have either the No

Objection Certificate from the State Government nor the

Consent of Affiliation from the concerned University. The

application form came to be submitted without these two

vital documents. One vital document was obtained before

the rejection of the application and another vital document

i.e. Consent of Affiliation was obtained two months after the

rejection the application of the petitioners.

11. He further submits that the judgments relied upon by

the petitioner indicate a gross delay on the part of the

relevant authorities in issuing Consent of Affiliation despite

repeated reminders. In the present case, it cannot be said

that there is any delay on the part of the relevant

authorities for issuing No Objection Certificate as well as

Consent of Affiliation, and therefore, the judgments relied

upon by the petitioners are not applicable in the present

case.

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

12. Learned Senior Advocate appearing for the petitioners

submits that the details of the scheme has to be submitted

along with the application form which is not to be separately

submitted. Even if accepting the arguments of the learned

counsel for the respondent in respect of Regulation 7, he

submits that the said Regulations cannot overwrite Section

29 of the Act. Therefore, the petitioners herein ought to have

been granted three months time as provided in Section 29(3)

of the Act to rectify the defects. He submits that the

necessary documents have been obtained before 31.01.2022

which would be deemed last date to rectify the deficiencies/

defects in a scheme. He submits that the respondent Nos.2

and 3 could not have rejected the application form along

with the scheme as submitted by the petitioners before

31.01.2022.

13. He further submits that hence, looking to the

provisions of the Act, the scheme as submitted by the

petitioners ought to have been considered by the respondent

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

Nos.2 and 3 for the academic year 2022-23. He submits

that even as on date, the respondent Nos.2 and 3 are

assessing the schemes so submitted to them and the letter

of intent for starting college are being issued and therefore,

if appropriate directions are passed by this Court, the new

college of the petitioners can still be considered for

admissions for the academic year 2022-23.

14. Heard the learned counsels for the respective parties at

length and perused the documents on record.

15. It is admitted position that the applications for

obtaining permission to open new Ayurvedic College was to

be submitted from 01.10.2021 till 31.10.2021. It is further

the case of the petitioners that the application for No

Objection Certificate from the State Government was made

to the Health and Family Welfare Department Government

of Gujarat, Gandhinagar on 12.01.2021. It is further stated

that in the petition that the application for obtaining

consent for affiliation to the respondent No.5 was made on

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26.10.2021. In the absence of No Objection Certificate and

Consent of Affiliation, the petitioners herein submitted their

application form to respondent Nos.2 and 3 on 31.10.2021

i.e. last date of submission of application to obtain

permission for starting new Ayurvedic College. Therefore, on

the date of submission of application form to the respondent

Nos.2 and 3, the application made for the relevant

documents was few days old and was under process by the

relevant Authorities.

16. The No objection Certificate from the State

Government was granted on 30.10.2021 i.e. within a period

of three weeks. The application for Consent of Affiliation was

rejected on 30.10.2021 immediately within four days for

non-submission of No Objection Certificate from State

Government. Thereafter, fresh permission for Consent of

Affiliation was submitted to the respondent No.5 on

16.11.2021, which came to be processed and issued to the

petitioners on 27.01.2022.

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

17. Regulation 7 of the Establishment of New Medical

College, Opening of New and Higher Course of Study or

Training and Increase of Admission Capacity by a Medical

College Regularization, 2019 reads as under:

"7 Recommendation of Central Council:-(1) The Central Government, after receipt of the applications shall scrutinized the application on the basis of eligibility criteria like application Fee, No Objection Certificate of the State Government and Consent of Affiliation of the University etc. and the Central Government shall forward only eligible applications to the Central Council of Indian Medicine for further consideration and the ineligible and incomplete applications shall be rejected and returned to the applicants by the Central Government.

(2) The Central Council of Indian Medicine shall inspect colleges and issue Letter of Intent at their level in Form-6, if the college is found eligible as specified in the regulations 6 and the Central Council of Indian Medicine shall again inspect or verify the compliance of requirement of minimum standards as specified in concerned regulations and other conditions of letter of Intent and sen the recommendations only once for denial or issued Letter of Permission as the case may be in Form-7, by the 31 st March for approval of the Central Government.

The aforesaid Regulation 7 recommends the forwarding

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of only eligible applications to the Central Council for

further consideration of the scheme and the ineligible and

incomplete application are rejected and returned to the

Applicant. In the present case as per the Regulation 7, the

application form of the petitioners came to be assessed and

was rejected for want of Consent of Affiliation of the

University.

18. Section 29 of the Act reads as under:

(1) xxx "(2) For the purpose of obtaining permission under sub- section (1), a person may submit a scheme to the Medical Assessment and Rating Board for Indian System of Medicine in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations.

(3) While considering the scheme received under sub-

section (2), the Medical Assessment and Rating Board for Indian System of Medicine shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by the Board of Ayurveda or, as the case may be, the Board of Unani, Siddha and Sowa-Rigpa under

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

section 26, and pass an order either approving or disapproving the scheme within three months from the date of receipt of such scheme:

Provided that before disapproving such scheme, an opportunity to rectify the defects, if any, shall be given to the person concerned."

(4)xxx (5) xxx (6)xxx (7)xxx

Thus, the eligible applications as assessed under

Regulation 7 and so forwarded to the Central Council are

assessed under Section 29 (2) and (3).

19. In the present case since the application form of the

petitioners was rejected and returned under Regulation 7,

there was no question of assessing the scheme of the

petitioners herein under Section 29(2) and (3) of the Act.

The Regulation 7 has to be read in conjunction with Section

29(2) and 3 of the act. The said Regulation is in the aid of

Section 29(2) and (3). Therefore, the contentions of learned

Senior Advocate Mr.D.C. Dave that Regulation 7 cannot

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

override the provisions of Section 29 of the Act has to be

rejected since Section 29(2) specifically makes a reference to

the Regulations for submission of scheme as specified. The

proviso to Section 29 provides for three months time to

consider the scheme so submitted by the applicant. The

scheme as envisaged under Section 29 would mean the

scheme which is forwarded after scrutiny under Regulation

7 to the Central Council and the time limit in the proviso

would apply to such a scheme as submitted. In the present

case, the application of the petitioners was itself rejected on

scrutiny under Regulation 7, and therefore, there is no

question of applicability of the provisions of Section 29(3) of

the Act. Thus, the reliance placed upon the proviso to

Section 29(3) of the Act by the learned Senior Advocate is

misplaced cannot enure any benefit to the petitioners.

20. The learned Senior Advocate appearing for the

petitioner also argued that it was not mandatory to submit

the No Objection Certificate from the State Government as

well as the Consent of Affiliation along with the application

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

form at the time of making application for establishment of

new medical college. The said argument is also not tenable

for the reason that the application form also has a list for

enclosures which is to be submitted by the applicant. Serial

Nos.7 and 8 of such list of enclosures reads thus:

"7. Certified copy of the 'No Objection Certificate' issued by the respective State Government/ Union Territory Administration.

8. Certified copy of the consent of affiliation issued by a recognized University."

21. Therefore, the submission of No Objection Certificate

as well as Consent of Affiliation was mandatory as per the

list of enclosures and the applicant had to submit the same

along with the application form. Admittedly in the present

case at the time of submitting the application on the last

date of submission i.e. 31.10.2021, the petitioners herein

have not submitted the said two documents. Hence, the said

argument also has to be rejected.

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

22. Learned Senior Advocate has relied heavily on the

judgment of the Hon'ble Apex Court in the case of Royal

Medical Trust (supra). In the opinion of this Court, the said

judgment has no applicability in the facts and

circumstances of the present case. Para 9 of the said

judgment reads as under:

"(9) It is neither in dispute nor can it be disputed by the Council that the appellant herein had filed an application before KUHS for grant of affiliation certificate well in time. It is apparent from the record that the said affiliation certificate was not furnished to the appellant in time in spite of sending reminder to KHUS to furnish the affiliation certificate inter alia bringing to its notice the urgency involved in the matter. For reasons best known to it, as we have already mentioned, KHUS did not furnish the said certificate to the appellant. This promoted the appellant to make an application before the Central Government for registration of its application lest the cut-off dates prescribed by the statutory regulations would have expired and the appellant in that case would have been remediless in light of the dictum of this Court in Mirudal Dhar (5) v. Union of India and Priya Gupta v. State of Chhattishgarh requiring strict adherence to the said prescribed deadlines.

23. In the present case, it is an admitted position that the

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

application for No Objection Certificate to the State

Government was made on 12.10.2021 and was given to

30.10.2021. Further the application for Consent of

Affiliation was made to the respondent No.5 on 26.10.2021

and it was rejected on 30.10.2021 for want of No Objection

Certificate from the State Government. After the receipt of

the No Objection Certificate from the State, the petitioners

made a fresh application for Consent of Affiliation on

16.11.2021 which came to be submitted to the respondent

No.5 on 17.11.2021.

24. The Consent of Affiliation application was thereafter

duly processed by the respondent No.5 and Consent of

Affiliation was issued to the petitioners on 27.1.2022 i.e.

within a period of around ten weeks. Therefore, in the

present case, it cannot be said that there was any undue

delay on the part of the respondent No.5 to process for

Consent of Affiliation which has caused any prejudice to the

petitioners.

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

25. Further there is no averment on behalf of the

petitioner that there was any undue delay on the part of the

respondent No.5 in processing its application for Consent of

Affiliation and therefore, they could not submit the complete

application form to respondent Nos.2 and 3. In the present

case, the Consent of Affiliation was rejected earlier and a

fresh application for Consent of Affiliation was made only

after the last date of submission of the application for

permission to open the new medical college.

26. Therefore, the judgment of the Royal Medical Trust

(supra) is not applicable in the present facts and

circumstances of the case. Further the judgment of the Co-

ordinate Bench of this Court passed in Special Civil

Application No.10523 of 2018 is also not applicable in the

facts of the present case since there was no application of

the petitioner for grant of Consent of Affiliation pending

before the Respondent No.5 on the date of submission of the

Application for permission to open the New college.

C/SCA/13473/2022 JUDGMENT DATED: 09/09/2022

27. In view of the aforementioned observations, the

petitioners herein are not entitled to any reliefs as prayed

for. The present writ petition is without merits and is

accordingly dismissed. Notice is discharged. There shall be

no order as to costs.

Sd/-

(ANIRUDDHA P. MAYEE, J.) ALI