V. KAMESWAR RAO, J.

1. As the issues involved in both these writ petitions being identical, the same are being decided of by this common order.

Facts in Writ Petition (Civil) No. 10099/2016:-

2. The present petition has been filed by the petitioner seeking the following reliefs:-

“It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to issue an appropriate writ/Directions/Orders in the nature of certiorari or otherwise thereby quashing the Order dated 28.9.2016 passed by the respondent No.1, whereby which proposal of the petitioner to start bachelor of homeopathic medicine and surgery (BHMS) course in the academic year 2016-17 in a new college under the name and style of B.V. Homeopathic medical college and hospital with intake capacity of 100 students per year has been disapproved.

This Hon’ble Court may kindly be pleased to issue an appropriate writ/Directions/Orders in the nature of mandamus or otherwise thereby directing Respondents to grant permission to the petitioner to start Bachelor of Homeopathic Medicine and Surgery (BHMS) Court in the academic year 2016-17 in a new college under the name and style of B.V. Homeopathic Medical College and Hospital with intake capacity of 100 students per year.”

3. It is averred in the writ petition that the petitioner is a Society registered under the Societies Registration Act. After its incorporation, in order to start a new Homeopathic college, the petitioner society had established a Homeopathic hospital in the name and style of Budhi Vidhata Homeopathic Hospital, Chattarpur, Madhya Pradesh. The said hospital is a 25 bedded hospital and has got 18 doctors and 5 departments. It is averred, on an average 1107 patients avail the said hospital’s facilities in OPD per month and on an average 1107 patients in IPD. On December 23, 2014, after establishing the hospital facilities for the OPD and IPD patients, the petitioner Society approached Government of Madhya Pradesh for grant of No Objection Certificate to start a Homeopathic College in the District of Chattarpur. On June 4, 2015, the Government of Madhya Pradesh granted No Objection Certificate to the petitioner to establish a new Homeopathic College in the name of B.V. Homeopathic Medical College and Hospital, village Khabndora, Devpur Tiraha NH-75 Chatrarpur, Madhya Pradesh. Accordingly, the petitioner on June 6, 2015 approached the Madhya Pradesh Medical Sciences University seeking grant of affiliation, in order to start the said Homeopathy College.

4. According to the petitioner, the College was inspected by the University on June 30, 2015 and No Objection Certificate was issued to the petitioner by the University on July 14, 2015. After seeking No Objection Certificate, the petitioner Society on April 29, 2015 applied to respondent No.1 for permission to start a new Homeopathy College in the name and style of B.V. Homeopathic College and Hospital. It is the case of the petitioner, the respondent No.2 inspected the infrastructure and facilities of the said college on September 18, 2015. The respondent No.1 issued a Letter of Intent dated December 18, 2015 in favour of the petitioner thereby intimating that it is willing to grant permission for 100 seats Homeopathy College. It is the case of the petitioner that petitioner was intimated to comply with seven queries raised in the letter of intent dated December 18, 2015. The petitioner Society after complying with the queries raised in the letter of intent submitted relevant records with the respondent No.2. It is the case of the petitioner, that at the stage of letter of permission the respondent No.2 again inspected the College on March 28, 2016 and after being fully satisfied, it recommended respondent No.1 to permit the petitioner to run a new Homeopathy College and Hospital for 100 seats. Despite recommendation of the respondent No.2, the