Madhya Pradesh High Court
Amaltas Educational Welfare ... vs Union Of India on 5 July, 2022
Author: Vivek Rusia
- : 1 :-
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 5th OF JULY, 2022
WRIT PETITION No. 12188 of 2022
Between:-
AMALTAS EDUCATIONAL WELFARE SOCIETY
THROUGH ITS SECRETARY SUNEEL SINGH
SENGAR S/O SHRI R S SENGAR, AGED ABOUT
45 YEARS, OCCUPATION- SERVICE, R/O : 1/6,
MANORAMAGANJ, GEETA BHAWAN, INDORE
(MADHYA PRADESH)
.....PETITIONER
(SHRI NITIN PHADKE, LEARNED COUNSEL FOR THE
PETITIONER)
AND
UNION OF INDIA MINISTRY OF AYUSH
THROUGH THE SECRETARY AYUSH BHAWAN,
1.
B-BLOCK, GPO COMPLEX, INA, NEW DELHI-
110023
NATIONAL COMMISSION OF INDIAN SYSTEM
OF MEDICINE (NCISM) THROUGH THE
2. CHAIRMAN 61-65, INSTITUTIONAL AREA,
JANAKPURI, D-BLOCK, NEW DELHI-110058
(DELHI)
MEDICAL ASSESSMENT AND RATING BOARD
FOR INDIAN SYSTEM OF MEDICINE
3. (MARBISM) THROUGH THE PRESIDENT 61-65,
INSTITUTIONAL AREA, JANAKPURI, D-
BLOCK, NEW DELHI-110058
MADHYA PRADESH MEDICAL SCIENCE
UNIVERSITY (MPMSU), JABALPUR THROUGH
THE VICE-CHANCELLOR/ REGISTRAR
4. MADHYA PRADESH AYURVIGYAM
VISHWAVIDHYALAYA MEDICAL COLLEGE
CAMPUS, JABALPUR (MADHYA PRADESH)-
482003
- : 2 :-
.....RESPONDENTS
(SHRI SUNIL JAIN, SENIOR ADVOCATE ALONG WITH SHRI
RISHI PALIWAL, LEANRED COUNSEL FOR THE
RESPONDENT NO.4.
SHRI HIMANSHU JOSHI, STANDING COUNSEL FOR THE
RESPONDENT NO. 1 TO 3.)
This petition coming on for order this day, JUSTICE VIVEK
RUSIA passed the following:
ORDER
The petitioner has filed the present writ petition against the
order dated 03.03.2022 whereby his application to start a new
Ayurveda College in the name of Amaltas Institute of Ayurveda,
Gram Bangar, Dewas- Ujjain Highway, District Dewas (M.P.)
from the Academic Session 2022-2023 has been rejected for want
of consent of affiliation from concerned university.
The facts of the case in short are as under: -
[2] The petitioner is a registered society, incorporated with the
object of imparting education. Shri Suneel Singh Senger being
Secretary of the petitioner's society has been authorised to file the
present petition. Respondent No.1 is the Union of India and is
represented by the Secretary of the Ministry of Ayurveda whereas
respondents No.2 and 3 are the statutory bodies constituted under
the National Commission for Indian System and Medicine Act,
2020. Respondent No.4 is the M.P. Medical Science University
which is the statutory entity and is represented by the Registrar.
All the respondents are 'State' within the meaning of Article 12 of
the Constitution of India hence amenable to the writ jurisdiction
of this Court.
[3] The petitioner's society has applied to respondent No.2 on
29.10.2021 for the grant of permission to establish an Ayurved
College with 100 seat capacity of admission in BAMS course in
the name of Amaltas Institute Ayurved at village Bangar, Dewas-
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Ujjain Highway Dewas. According to the petitioner, the aforesaid
application was submitted by the petitioner for starting the
college from the academic session 2022-2023 on 29.10.2021 i.e.
before 31st of October 2021, which is the stipulated date for
submission of the application. At the time of submission of the
aforesaid application, the petitioner has disclosed that an
application is pending before respondent No. 4 for grant of
affiliation. On 29.10.2021 respondent No.4 constituted a team for
inspection of the college run by the petitioner society.
[4] It is the case of the petitioner that respondent
No.4/University has granted consent for affiliation to establish a
new Ayurved College on 22.02.2022. The petitioner vide
communication dated 23.02.2022 has informed respondent No.3,
despite that vide order dated 03.03.2022, respondent No.3 has
rejected the application of the petitioner on the ground of non-
availability affiliation of the concerned University.
[5] Being aggrieved by the aforesaid order, the petitioner
preferred a First Appeal before respondent No.2 which came to be
dismissed vide order dated 18.04.2022, a Second Appeal was
filed before respondent No.1 and the same also suffered dismissal
on 18.05.2022. Hence, present a petition before this Court.
[6] Learned counsel for the petitioner submits that before
rejecting the application on 03.03.2022, the petitioner has
obtained an affiliation certificate, therefore, respondent No.3
ought not to have adopted the hyper-technical approach to deny
the recognition to establish the new Ayurved College in this
academic session. In support of his contention, he has placed
reliance on the judgment passed by the High Court of Judicature
at Bombay and High Court of Karnataka Kalaburagi Bench
respectively in the case of Shri Balasaheb Mane Shikshan
- : 4 :-
Prasarak Mandal Vs. Ministry of Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homoeopathy and Ors (Writ
Petition No.3112/2021) and Swamy Vivekananda Educational
and Rural Development Trust and another Vs. Union of India
and others (Writ Petition No.200939/2021).
[7] Learned counsel for respondents No.1 to 3 submits that the
petitioner was not having the consent of affiliation from the
University on the last date of submission of application, therefore,
the answering respondents have not committed any error by
denying the permission to establish a new college. Thereafter,
First Appellate and Second Appellate authorities also rightly
dismissed the appeals hence no interference is called for. It is
further submitted by the learned ASG that now the process for
grant of sanction for the next academic year has been started, in
which the petitioner is free to submit an application. The
respondents have acted in accordance with National Commission
for Indian System Act, 2020.
[8] Shri Sunil Jain, learned Senior Counsel appearing for
respondent No.4 submits that the petitioner submitted an
application for obtaining the consent in the Month of October
2021. The University is liable to consider the application and
issue consent within four months and accordingly, the Registrar
of the University has granted the consent of affiliation within the
four months on 22.02.2022, hence there was No. delay on part of
the university.
We have heard learned counsel for the parties.
[9] The petitioner submitted an application dated 29.10.2021
for establishing a new college in the name of " Amaltas Institute
of Ayurved'' with an intake capacity of 100 seats in the UG
(BAMS) Course for the Academic Session 2022-23. The
- : 5 :-
aforesaid application was filed under Section 29(6) of NCISM,
Act, 2020. Along with the application, the petitioner was required
to submit consent of affiliation issued by the
University/respondent No.4. The petitioner obtained the consent
of affiliation on 22.02.2022 and served respondent No.3 on
04.03.2022. The acknowledgment dated 04.03.2022 is endorsed
in Annexure P/10. Before furnishing this consent certificate,
respondent No.3 had already rejected the application on
03.03.2022. According to respondents No. 1 to 3, the consent of
affiliation was received on 08.03.2022 beyond the last date of
submission of application for establishing a new medical College
i.e. 31 October 2021. Section 6 of 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, issued under the provision of Indian Medical
Council Act, 1970 prescribed the eligibility for making an
application and according to which there has to be the consent of
application in form -5 for establishing a new medical college
from a University established under any Central or State statute,
therefore, the petitioner was not fulfilling the statutory
requirement of having the consent of affiliation before the cut of
date, thus the respondents No. 1 to 3 have not committed any
error of law while rejecting the application of the petitioner.
In view of the above, writ petition stands dismissed.
No. order as to cost.
( VIVEK RUSIA) (AMAR NATH (KESHARWANI)
JUDGE JUDGE
praveen
Digitally signed by PRAVEEN
NAYAK
Date: 2022.07.09 13:35:38
+05'30'
