The judgment establishes the principle that strict compliance with statutory requirements is essential, and institutions cannot admit students without approval, bearing responsibility for any resulting consequences.

JUDGMENT

S. Sujatha, J. - This intra-Court appeal is directed against the order dated 30.8.2021 passed by the learned Single Judge in W.P. No. 4013/2021, whereby the writ petition filed by the appellant herein has been dismissed.

2. The appellant/petitioner institution was granted with the recognition for the 1st year Bachelor of Ayurvedic Medicine and Science (BAMS) with an intake of 60 students by the respondent No. 1 vide order dated 16.08.2017. The affiliation was accorded for the academic year 2017-18 by the Rajiv Gandhi University of Health Sciences - respondent No. 3 on 06.10.2017. For the succeeding academic years i.e., 2018-19 and 2019-20, the recognition orders were passed, the affiliation has also been granted till the academic year 2019-20. The appellant as per the communication dated 06.03.2020 made to the respondent No. 2 - Central Council of Indian Medicine (CCIM) sought for permission to close down the institution. Subsequently, a representation dated 12.09.2020 was made to the CCIM to permit the appellant to submit the Part - I visitation proforma and enable the appellant to seek permission for the continuation of the course for the academic year 2020-21 which was placed before the Board of Governors of CCIM. The said Board decided to consider the grant of permission for the academic year 2021-22. Government of India based on the recommendation of CCIM has passed the order dated 05.02.2021 denying the permission for taking admission to UG (BAMS) course with 60 seats for the academic session 2020-21 and decided that the requirements if fulfilled by the appellant college by 31.12.2020 and the same will be examined by the CCIM for considering the permission for academic year 2021-22. Being aggrieved by the said order, the appellant preferred W.P. No. 4013/2021, which came to be dismissed. Hence, this writ appeal.

3. Learned Senior counsel Sri. D.R. Ravishankar representing the appellant submitted that the grant of permission is regulated under Section 13A of the Indian Medicine Central Council Act, 1970 ('Act' for short) and the Minimum Standard Requirement Regulations are framed from time to time. Section 13A of the Act contemplates about the scheme for commencement of the medical college and upon the recommendation of the CCIM, orders shall be passed. Relying upon the requirement of Minimum Standard Regulations, 2016 ('Regulations' for short), learned Senior counsel argued that the procedure as contemplated under the Regulations having not been followed for refusing to grant permission is an incurable legal infirmity. The requirements to be fulfilled in terms of Regulation 3 of the Regulations having been prescribed while granting permission for the academic session 2019-2020, the refusal to grant permission for admission for the academic session 2020-2021 could not be justified unless an inspection was conducted in terms of Regulation 3. Emphasizing on Regulation 3(1)(b), learned Senior counsel submitted that it was obligatory on the part of the Central Council to visit the college suo-moto three months before the expiry of permission.

4. It was further submitted that the requirement as per Regulation 3(1)(c) is to upload the proforma of visit as prescribed by the Central Council on its website by the colleges and visitors respectively followed by the submission of a hard copy of the same as per visitors guidelines issued by the Central Council from time to time. The reason assigned for denial inasmuch as non submission of Part - I visitation proforma was wholly erroneous since no such requirement was prescribed in the Regulation, filing of Part - I proforma is not a mandatory requirement. Thus, the learned Senior counsel placing reliance on the wednesbury's principles submitted that when the law requires things to be done in particular manner, it should be done in that manner or not at all. Learned Senior counsel has placed reliance on the following judgments:-

1) Indian Bank's Association vs. Devkala Consultancy