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IN THE HIGH COURT OF KARNATAKA
Alok Aradhe, Vijaykumar A. Patil, JJ.
Karavali Ayurvedic Medical College Hospital And Research Centre – Appellant
Versus
Union Of India Ministry Of Ayurveda Yoga And Naturopathy Union Siddha And Homoeopathy (ayush) & Ors. – Respondents
Writ Petition No. 5205 of 2023 (EDN-RES)
Decided On : 29-03-2023
National Commission for Indian System of Medicine - College's challenge to orders imposing penalty and denying conditional permission - Section 28(f) of the National Commission for Indian System of Medicine Act, 2020 - Section 24(3) of the Act - Section 28 of the Act
Fact of the Case:
The petitioner college challenged the validity of orders imposing penalty and denying conditional permission under the National Commission for Indian System of Medicine Act, 2020.
Finding of the Court:
The court found that the decision-making process suffered from bias and violation of principles of natural justice. The impugned orders were quashed, and the appeal was directed to be decided afresh with an opportunity of hearing to the college.
Issues: The issues revolved around the validity of the orders imposing penalty and denying conditional permission, the composition of the decision-making bodies, and the principles of natural justice.
Ratio Decidendi: The court held that the decision-making process was biased and violated principles of natural justice, leading to the quashing of the impugned orders.
Final Decision: The impugned orders were quashed, and the appeal was directed to be decided afresh with an opportunity of hearing to the college. The Board was directed to decide the issue of additional permission within a specified timeframe.
JUDGMENT/ORDER
Alok Aradhe, J. - The petitioner is a College established by G.R. Educational Trust. The petitioner college has been set up with an object to impart education in Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S). The petitioner (hereinafter referred to as 'the College' for short) in this writ petition has assailed the validity of the order dated 01.02.2023, by which Medical Assessment and Rating Board for Indian System of Medicine (hereinafter referred to as 'the Board' for short) has imposed a penalty of Rs.2.75 Crores on the College under Section 28(f) of the National Commission for Indian System of Medicine Act, 2020 (hereinafter referred to as 'the Act' for short). The College also assailed the validity of the order dated 06.03.2022 passed by National Commission for Indian System of Medicine (hereinafter referred to as 'the Commission' for short), by which appeal preferred by the College under Section 24(3) of the Act, against order of the Board dated 01.02.2023, has been dismissed. The College has also assailed the validity of the order dated 17.03.2023 passed by the Commission, by which conditional permission under Section 28 of the Act, for admission for intake capacity of 60 seats in B.A.M.S course for academic session 2022-23 has been denied.
2. Facts giving rise to filing of this writ petition briefly stated are that the Trust has established the College in the year 2014 to impart education in B.A.M.S course. The Inspectors of the Commission conducted the inspection of the premises of the College on 30.11.2021 and granted conditional permission to the College on 09.12.2021 for admission in respect of 60 seats in B.A.M.S course for the academic year 2021-22. Thereafter, the premises of the college were again inspected on 12.07.2022.
3. The Commission for the first time on 17.08.2022 notified the requirement for the institution to submit CCTV camera footage of the faculty for six months and google time line of the faculty for six months. After a period of five months from the date of inspection, the Commission issued a notice to the College on 19.12.2022, in which seven deficiencies viz., (i) Medicinal plants are not displayed with proper plates. (ii) College Council not constituted as per norms as HOD is not a member of the Council. (iii) Data with regard to research publications details of CME programs, conferences for the academic activities conducted by the institution. (iv) Details of award and achievement by the students and faculty and results of all examination for one year not uploaded. (v) Shortcoming to the extent of 38.15% and 15.29% in average attendance of patients in OPD and average bed occupancy respectively. (vi) Registers of OPD not found signed by the Principal / Superintendents and (vii) Signatures of certain teachers were found to be mismatched.
4. The College was therefore, asked to appear before the Designated Hearing Committee on 23.12.2022, which was appointed by the President of the Board. The College submitted a reply on 22.12.2022 and appeared before the Hearing Committee which consisted of two members viz., Dr.Suryakanth Vage and Dr.Haridra Deya. The Board in its meeting held on 29.01.2023 discussed the same and approved the recommendations of the Hearing Committee. Accordingly, the President of the Board passed an order on 01.02.2023 imposing a penalty of Rs.2.75 Crore under Section 28(f) of the Act.
5. The College thereupon preferred an appeal before the Commission. The Chairman of the Commission, agreed with the recommendations made by the Hearing Committee and decided to dismiss the appeal. Accordingly, an order dated 06.03.2023 was passed dismissing the appeal.
6. Thereafter, by another order dated 17.03.2023, the Commission denied conditional permission for intake capacity of 60 students under Section 28 of the Act. In the aforesaid factual background, this petition has been filed.
7. Learned Senior Counsel for the College submitted that an opportunity of hearing was afford
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
Principles of natural justice require that a party be given a fair hearing before a decision is made that affects their rights. This includes the right to be informed of the allegations against them,....
The court emphasized the necessity of fair hearings and proper consideration of evidence in regulatory decisions affecting educational institutions, ruling against arbitrary penalties and restriction....
The court emphasized that the authorities should not consider aspects beyond the show-cause notice and the findings of the First Appellate Authority, and should adopt a reasonable approach in assessi....
The court emphasized the need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine ....
The authorities should consider the explanation and rectification of deficiencies by educational institutions and grant adequate time for addressing the deficiencies, especially in the context of ren....
The denial of permission to establish an Ayurvedic Medical College was deemed unjustified due to lack of substantiated deficiencies, emphasizing the importance of function and regulation compliance.
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