The court emphasized the importance of reasonable decision-making and the need for compliance with regulations in denying permission to educational institutions.

JUDGMENT

1. Heard learned Counsel for the Petitioner, learned Counsel for Respondent No.1, who also appears for Respondent No.3-university, learned Counsel for CET Cell and learned AGP for the Respondent-State. Rule. Rule is taken up forthwith for hearing by consent of learned counsel for parties.

2. This petition challenges an order passed by Ministry of AYUSH-Respondent No.1 on 15 January 2021. By this order, the Ministry denied permission to the Petitioner-college, which has been conducting Homeopathy course since the last 22 years, for taking admission in first year BHMS degree course with 50 Under Graduate seats for Academic Year-2020-2021. This denial was on account of six shortcomings, which were originally conveyed to the college and on which, its submissions were called for and a hearing was held before a Hearing Committee appointed by the Ministry. After the Hearing Committee made its report, the Ministry issued its impugned order rejecting permission. After hearing learned Counsel for the parties, we have come to the conclusion that the so called shortcomings have been either adequately explained/fulfilled by the Petitioner or admit of a favourable order subject to physical verification, as we point out below.

3. The very first shortcoming is said to be non-availability of particulars of IPD/OPD on college website www.gnrhmcsolapur.org. The college's submission on this alleged shortcoming was that these details were indeed available on the college website. The Petitioner even enclosed documents in support of this case. The observation of the Hearing Committee on this submission was that on browsing the college website, the committee did not observe any details. According to the Petitioner, that was so because there was some technical glitch concerning the opening of the website on the particular day. The Petitioner has produced a screenshot of its website, which contains all details of IPD/OPD on it. Anyway, since this would be subject to further physical check, having regard to the order we propose to make, it need not detain us any further.

4. The second deficiency is said to be non-compliance with the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short "PF Act") and 11 teaching staff getting a salary of less than Rs. 10,000 per month. At the hearing before the Committee, the college's submission was that out of 24 teaching staff, 14 were part of the existing PF Scheme and 9 newly appointed staff were in the process of enrolling in this PF scheme. As for the salary of 11 teaching staff, the explanation of the college was that this was according to a mutual understanding between the college and their teachers, having particular regard to the fact that the college was a non-aided private institute. So faras compliance with the provisions of PF Act is concerned, the explanation of the college appears to be wholly adequate. It fully explains the position vis-a-vis application of the provisions of the PF Act to all members of existing staff. It is common knowledge that upon enrollment of new staff, it takes some time before their names are reflected in the PF record. Anyway, even this would be a matter, which would be subject to physical verification, since the status of the process for admitting new staff to PF scheme can always be ascertained.

5. The third shortcoming, which probably counts as the most significant of the so called shortcomings brought out by the Respondent-Ministry, is about the strength of teaching staff in individual departments of the college and hospital. It was claimed in the impugned order that there was non-availability of (i) one professor each in the Departments of Anatomy, Physiology, Pharmacy, Pathology, FMT, POM (Medicine), Surgery and Repertory and (ii) one Reader each in the Departments of Organ on, MM, OBG and community Medicine and (iii) one Lecturer each in the Departments of Anatomy, Surgery and OBG. It was further observed that 12 faculty posts wer