IMPORTANT POINTS
(1) No person is entitled to establish a medical college except with previous permission of Central Government.
(2) In order to be eligible for grant of permission for undertaking admissions in a particular academic session, institution must fulfill requirements of minimum standard as on 31st December of earlier year.

JUDGMENT

B.R. Gavai, J.

Leave granted in all the Special Leave Petitions.

2. The present appeals challenge the following:

(i) judgment dated 21st December 2020 passed by the Division Bench of the High Court of Karnataka in Writ Appeal Nos. 541 of 2020 (EDN-REG) and 542 of 2020 (EDN-REG), thereby dismissing the writ appeals filed by the present appellant-Central Council for Indian Medicine, which was in turn filed, challenging the order dated 24th September 2020 passed by the learned Single Judge in Writ Petition No. 50772 of 2018 (EDN-REG-P), thereby allowing the writ petition filed by the respondent No.1 herein-Karnataka Ayurveda Medical College; and

(ii) judgment dated 24th September 2020 passed by the learned Single Judge of the High Court of Karnataka in Writ Petition Nos. 50828 of 2018 (EDN-EX) thereby allowing the writ petition filed by the petitioner therein and Writ Petition No. 50772 of 2018 (EDN-REG-P), thereby allowing the writ petition filed by the respondent No.1 herein-Karnataka Ayurveda Medical College.

3. For the sake of convenience, we refer to the facts as are found in civil appeal arising out of SLP(C) No.4618 of 2021.

4. The respondent No. 1 herein had applied to the respondent No.4-State Government, respondent No.3-Rajiv Gandhi University of Health Sciences and the appellant herein for permission to start Post-Graduate course for the academic year 2014-15. The appellant granted permission to start five new Post Graduate Ayurvedic disciplines with five seats each in accordance with the then prevalent Indian Medicine Central Council (Post-Graduate Ayurveda Education) Regulations, 2012 (hereinafter referred to as "2012 Regulations"). These 2012 Regulations came to be superseded by the Indian Medicine Central Council (Post-Graduate Ayurveda Education) Regulations, 2016 (hereinafter referred to as "2016 Regulations").

5. As per 2016 Regulations, it was a requirement that an institution should possess a Central Research Laboratory and an Animal House. The 2016 Regulations provided that the Animal House could be either owned by the institution or it could be in collaboration with any other institution. Accordingly, the respondent No.1 collaborated with Sri Dharmasthala Manjunatheshwara College of Ayurveda, Udupi, which permitted respondent No. 1 the usage of Animal House set up by it. As such, the appellant and the respondent No. 2-Union of India, continued permission to respondent No.1 for the academic years 2016-17 and 2017-18. The Union of India directed the appellant to inspect the facilities available with the respondent No.1 in accordance with the relevant Regulations and submit its recommendations and the inspection report to it. This was to be done by the end of March 2018 so that the matter pertaining to grant of permission for the academic year 2018-19 could be considered before the start of the next academic year. The appellant inspected the facilities available with the respondent No.1 on 2nd February 2018 and again on 23rd-24th May 2018. On the basis of the said inspection, the Union of India issued a notice dated 3rd August 2018, which was received by respondent No. 1 on 16th August 2018. Vide the said notice dated 3rd August 2018, certain deficiencies were pointed out. The respondent No. 1 was given an opportunity of hearing on 24th August 2018 before the designated Hearing Committee. After the hearing, the Union of India, vide order dated 5th September 2018, rejected the permission to respondent No. 1 to admit students to the Post Graduate courses for the academic year 2018-19 on the ground of non availability of Central Research Laboratory and Animal House. However, vide the said order dated 5th September 2018, the Union of India granted permission to respondent No. 1 to admit students to Under Graduate (BAMS) Course with an intake of 50 seats for the academic year 2018-19 subject to it fulfilling the deficiencies mentioned therein by 31st December 2018.

6. The respondent No. 1 therefore filed a writ p