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2013 Supreme(SC) 211

ANIL R. DAVE, VIKRAMAJIT SEN, ALTAMAS KABIR
Ayurved Shastra Seva Mandal – Appellant
Versus
Union of India – Respondent


Judgement Key Points

How to challenge admissions decisions in Ayurvedic/Indian medicine institutions when Central Government permissions are withheld? What is the effect of failing to meet minimum standards (beds, infrastructure) on admission approvals and continuation of student intake? What are the rights and remedies of institutions and students when the AYUSH Department denies permission for 2011-12 admissions and courts consider whether to permit provisional admissions?

Key Points: - The judgment concerns admission permissions for Indian medicine colleges and when the Central Government/AYUSH can withhold permissions (!) - It discusses deficiencies in infrastructure and staff as a basis for refusing permission (!) - It notes that more than half the first-year term was over and that bridging or practical remediation for students is impractical (!) (!) (!) - It states that permission granted by courts to accept admission forms did not create equity or a right to admission (!) (!) - It emphasizes that professionalism and minimum standards should not be compromised (!) - It references the regulatory framework: Indian Medicine Central Council Act, 1970 and 2003/2006 Regulations (!) (!) - It concludes with dismissal of petitions and costs to parties (!) (!)

How to challenge admissions decisions in Ayurvedic/Indian medicine institutions when Central Government permissions are withheld?

What is the effect of failing to meet minimum standards (beds, infrastructure) on admission approvals and continuation of student intake?

What are the rights and remedies of institutions and students when the AYUSH Department denies permission for 2011-12 admissions and courts consider whether to permit provisional admissions?


JUDGMENT

ALTAMAS KABIR, CJI.

1. These Special Leave Petitions have been filed against orders passed by the Aurangabad Bench and the Nagpur Bench of the Bombay High Court involving common issues. The matters relating to the Aurangabad Bench arise out of a common order dated 4th October, 2012, in regard to admissions to the various institutions teaching the Indian form of medicines such as Ayurvedic, Unani, Siddha, etc. for the academic year 2011-12.

Special Leave Petition (C) No. 35051 of 2012 has been filed by the Umar Bin Khattab Welfare Trust against the judgment of the Aurangabad Bench of the Bombay High Court against an order dated 29th December, 2010, regarding admissions for the self-same period. The other Special Leave Petitions relate to the common orders dated 13th July, 2012 and 2nd August, 2012 passed by the Nagpur Bench of the Bombay High Court regarding admissions for the year 2011-12. Yet, another Special Leave Petition regarding admissions for the year 2012-13, has been filed by the Backward Class Youth Relief Committee and Another against the order dated 9th August, 2012, passed by the Nagpur Bench of the Bombay High Court.

2. The common issue involved in all the Specia















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