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ASHOK S. KINAGI
Hillside Ayurveda Medical College and Hospital – Appellant
Versus
Union of India – Respondent
ORDER :
1. The petitioner filed the present writ petition seeking for the following reliefs:
(2) Direct the R-1 to accord/grant 'conditional permission' to the petitioner institution to conduct UG-BAMS course with 50 seats for the academic year 2020-21.
(3) Declare the action of the R-2 CCIM in forwarding its recommendations to the Central Government under section 13(A)(4b) of the IMCC Act, 1970 without giving an opportunity to the petitioner to comply with the shortcomings as mandated under section 13(A)(4a) of the IMCC Act, 1970, as illegal and arbitrary and violative of the clear mandate of the enactment.
2. Brief facts leading rise to filing of this petition are as under:
Administrative inaction within statutory timeframes can result in automatic approval, emphasizing compliance with legislative mandates.
The main legal point established is that the decision-making process must adhere to principles of natural justice and be free from bias.
The consequences of inaction by the respondents within the specified time must follow as per the legal fiction provision in Section 13A(6) of the IMCC Act.
The judgment establishes the principle that strict compliance with statutory requirements is essential, and institutions cannot admit students without approval, bearing responsibility for any resulti....
(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 part....
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.
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 ....
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
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