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2021 Supreme(Bom) 701

S.C.GUPTE, SURENDRA P.TAVADE
Gandhi Natha Rangji – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Mihir Desai, Senior Advocate A/W Mr. Atharva A. Dandekar I/B Ms. Yogita R. Singh, for the Appellant / Mrs. S.S. Bhende, Agp, Mr. R.V. Govilkar A/W Mr. A.R. Gole, Mr. R.V. Govilkar, Mr. Aadesh Sawant, for the Respondent.

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 physica

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