Karnataka High Court
National Commission For vs Mahaganpati Ayurvedic Medical ... on 9 June, 2023
Bench: Suraj Govindaraj
-1-
RP No. 100137 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REVIEW PETITION NO.100137 OF 2022
BETWEEN:
NATIONAL COMMISSION FOR
INDIAN SYSTEM OF MEDICINE
MINISTARY OF AYUSH
GOVT OF INDIA
NO. 61-65, INSTITUTIONAL AREA,
JANAKPURI D-BLOCK,
NEW DELHI-110058
REP. BY ITS SECRETARY
DR. B.L. MEHATA
AGE-65 YEARS
...PETITIONER
(BY SRI. MAHESH WODEYAR AND
Ms. MANASI KUMAR., ADVOCATES)
Digitally signed by
B NAGAVENI AND:
Location: HIGH
COURT OF
KARNATAKA 1. MAHAGANPATI AYURVEDIC MEDICAL COLLEGE
HOYSOLA NAGAR
HALYAL ROAD,
DHARWAD,
REP BY ITS PRINCIPAL
DR. SAMBULING
S/O VEERAPPEPPA TEGI
AGE- 54 YEARS
R/O DHARWAD
DIST DHARWAD
2. THE UNION OF INDIA
BY ITS SECRETARY
-2-
RP No. 100137 of 2022
MINISTRY OF AYURVEDA,
(YOGA AND NATUROPATHY UNANI,
SIDDHA AND HOMEOPATHY)
(AYUSH), AYUSH BHAWAN,
B BLOCK, GPO COMPLEX, INA,
NEW DELHI 110023.
3. THE RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES,
KARNATAKA, 4TH BLOCK, JAYANAGAR,
BANGALORE-1
REP BY ITS REGISTRAR.
...RESPONDENTS
(BY SRI. G.I. GACHCHINAMATH., ADVOCATE FOR R1;
SRI. B. PRAMOD., ADVOCATE FOR R2;
SMT. FARAH FATHIMA., ADVOCATE FOR R3)
THIS REVIEW PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 114 AND ORDER 47
RULE 1 OF CPC, 1908, PRAYING TO ALLOW THE PETITION AND
REVIEW THE JUDGMENT DA TED 18.04.2022 PASSED BY THE
HON'BLE HIGH COURT OF KARNATAKA AT DHARWAD IN WRIT
PETITION NO. 100305/2022 STATED ABOVE, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The National Commission for Indian System of
Medicine, Ministry of Ayush - petitioner who is the
respondent No.2 in W.P.No.100305/2022 is before
this Court seeking for the following reliefs:
a. To allow the petition and review the judgment
dated 18.04.2022 passed by the Hon'ble High
Court of Karnataka at Dharwad Bench in Writ
Petition No.100305/2022 stated above.
RP No. 100137 of 2022
2. This Court vide its order dated 18.04.2022 in
W.P.No.100305/2022 had allowed the Writ Petition
by quashing the impugned order dated 12.10.2021
and directed respondents No.1 and 2 therein to grant
permission to run the Course for the Academic Year
2019-20 for the undergraduates BAMS course with
intake of 60 students.
3. Ms.Manasi Kumar, learned counsel for the petitioner
would submit that the said order is required to be
reviewed on the ground that the Hon'ble Apex Court
in the case of Central Council for Indian Medicine
vs. Karnataka Ayurveda Medical College in Civil
Appeal No.2892/20221 in its judgment rendered on
11.04.2022 has come to a conclusion that the
deficiencies in a college cannot be said to have been
complied with or removed on a subsequent
permission being granted for the next academic year.
She submits that the decision rendered on
(2022) 7 SCC 46
RP No. 100137 of 2022
11.04.2022 by the Hon'ble Apex Court could not be
placed before this Court at the time of arguments on
18.04.2022 when the Writ Petition came to be
disposed by this court. She submits that the
judgment of the Hon'ble Apex Court being the law of
the land in terms of the Article 142 of the
Constitution of India, the same would be binding on
this Court and as such, the subsequent order passed
by this Court is required to be reviewed in terms of
the judgment passed by the Hon'ble Apex Court in
Central Council for Indian Medicine1 case supra.
4. Sri.Gurudev Gachchinmath, learned counsel for the
respondent No.1 who was the petitioner in the said
Writ Petition places reliance on Para 7 of the
judgment of the Hon'ble Apex Court in Central
Council for Indian Medicine and submits that only
the point of law which was decided by the Hon'ble
Apex Court, the interest of the students was
safeguarded on the basis of the statement made by
RP No. 100137 of 2022
the Additional Solicitor General that the students who
had been granted admission would not be disturbed.
He, therefore, submits that the said benefit is
required to be extended to the students of the
respondent No.1 also. Insofar as deficiencies are
concerned, he continues to submit that there are no
deficiencies and all deficiencies have been fulfilled.
5. Mr.B.Pramod learned counsel for respondent No.3
submits that he being a formal party and the lis is
between the petitioner and respondent No.1
6. Heard Ms.Manasi Kumar, learned counsel for the
petitioner, Sri.Gurudev Gachchinmath, learned
counsel for the respondent No.1 and Sri.B.Pramod,
learned counsel for the respondent No.3 and perused
the papers.
7. It is a matter of fact that the Hon'ble Apex Court
rendered a judgment in Central Council for Indian
Medicine case on 11.04.2022 and the order under
RP No. 100137 of 2022
review in the present matter was passed by this
Court on 18.04.2022. That is to say as on the date
on which the order was passed by this Court the
order of the Hon'ble Apex Court was already in place
and held the field. The basis on which the order in
W.P.No.100305/2022 was passed was on account of
the permission granted to the respondent No.1 for
year 2021-22, and on that basis it was held that the
earlier rejection for the year 2019-20 would not hold
the renewal would indicate that all the requirements
and the academic facilities including infrastructure
and human resources was available at the college
and as such it was deemed that the same would
apply to the year 2020-21 where the students were
to take up the examinations.
8. The reason provided by this Court in the order dated
18.04.2022 has been been negated by the Hon'ble
Apex Court on 11.04.2022 in Central Council for
Indian Medicine's case and the Hon'ble Apex Court
RP No. 100137 of 2022
has categorically held that subsequent renewal would
not take away the earlier deficiencies.
9. In that view of the matter, I am of the considered
opinion that there is a review which is required to be
made of the order passed by this Court since exfacie
the order passed by this Court was contrary to what
has been held by the Hon'ble Apex Court in Central
Council for Indian Medicine. Hence, I pass the
following:
ORDER
i. The Review Petition is partly allowed.
ii. The order dated 18.04.2022 in
W.P.No.100305/2022 is modified. The
quashing of the order dated 12.10.2021
bearing REF.No.4-24/2021 (AY) produced at
Annexure-F to the Writ Petition is recalled.
iii. It is however made clear that the recall of the
said order will not come in the way of the
RP No. 100137 of 2022
students enrolled by respondent No.1 to take
up their examinations or for the results to be
announced and certificates to be granted once
they complete the course.
iv. Liberty is however reserved to the petitioner
herein to issue necessary show cause notices to
the respondent No.1 for violations if any. The
respondent No.1 ofcourse has the right to reply
to the same and a right to be heard before any
orders are passed on the said show cause
notice.
v. It is made clear that in reply respondent No.1
would be at liberty to produce such documents
that respondent No.1 seeks to rely upon in
support of its defence.
Sd/-
JUDGE
PRS
