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2021 Supreme(Bom) 779

NITIN JAMDAR, ANIL S.KILOR
Antar Bharti Ashram – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Shri Anand Parchure, Advocate, for the Appellant / Shri U.M. Aurangabadkar, Asgi, Shri A.M. Deshpande, Addl. G.P, Shri V.P. Panpalia, Advocate, for the Respondent.

JUDGMENT

Anil S. Kilor, J.

Rule. Rule made returnable forthwith. The matter is heard finally with the consent of the learned counsel for the parties.

2. A denial of permission to the Petitioner No.2- Homoeopathic Medical College and Hospital by the Respondent No.1, for taking admission in the First BHMS course with intake capacity of 5 0 UG seats for the academic session 2020-21 gave rise to this petition.

3. We have heard the respective learned Counsel for both the parties.

4. Brief facts, which are relevant to decide the controversy involved in the present Petition, are as under:

4.1 The Petitioner No. 1 is a Public Trust managing the Petitioner No.2- Homoeopathic Medical College and Hospital, which has been imparting diploma course since the year 1975-1976 and subsequently it has been upgraded to run degree course.

4.2. The respondent No. 1 is the Union of India through Secretary, Ministry of Ayurveda, Yoga and Naturopathy, Unani Siddha and Homoeopathy (AYUSH). As per the provisions of section 12C (1) of Homoeopathy Central Council Act 1973 (the Act 1973) all Homoeopathy Medical Colleg

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