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2019 Supreme(Del) 1697
IN THE HIGH COURT OF DELHI
ANU MALHOTRA, J.
Shivalik Institute of Ayurved & Research & Another - Appellants
Versus
Union of India & Another - Respondents
WP. (C). No. 7934 of 2019 & CM APPL. No. 32943 of 2019
Decided On : 19-08-2019
For the Petitioner:S.S. Lingwal, Advocate.
For the Respondent:K.V. Sreemithun, Archana Pathak Dave, Advocates.
A college must fulfill the conditions imposed by the Ministry of AYUSH in order to obtain permission to start a BAMS course.
Headnote:
IMCC ACT, 1970 - SECTION 13A - BAMS COURSE - PERMISSION TO START - REQUIREMENTS - DEFICIENCIES - REMOVAL - TIMELINE - NON-COMPLIANCE - DENIAL OF PERMISSION - VALIDITY.
Fact of the Case:
The petitioner, an Ayurveda college, was granted permission to start a BAMS course with 60 seats for the academic session 2018-19 subject to fulfillment of certain conditions. The college was inspected by the Central Council of Indian Medicine (CCIM) in March 2019, which found several deficiencies. The college was given an opportunity to explain the deficiencies and submit compliance reports, but the deficiencies were not removed. The Ministry of AYUSH denied permission to the college to start the BAMS course for the academic session 2019-20.
Finding of the Court:
The court held that the deficiencies pointed out by the CCIM were genuine and that the college had failed to remove them within the stipulated timeline. The court also held that the Ministry of AYUSH was justified in denying permission to the college to start the BAMS course for the academic session 2019-20.
Issues: 1. Whether the deficiencies pointed out by the CCIM were genuine? 2. Whether the college had removed the deficiencies within the stipulated timeline? 3. Whether the Ministry of AYUSH was justified in denying permission to the college to start the BAMS course for the academic session 2019-20?
Ratio Decidendi: 1. The court held that the deficiencies pointed out by the CCIM were genuine as they were based on the inspection report of the CCIM and the college had failed to provide any evidence to the contrary. 2. The court held that the college had failed to remove the deficiencies within the stipulated timeline as the deficiencies were pointed out in March 2019 and the college was given time till December 2019 to remove them, but the college failed to do so. 3. The court held that the Ministry of AYUSH was justified in denying permission to the college to start the BAMS course for the academic session 2019-20 as the college had failed to fulfill the conditions imposed by the Ministry.
Final Decision: The petition was dismissed.
JUDGMENT :
1. The petitioner no.1 the Shivalik Institute of Ayurved and Research, Jhajra, Chakrata Road, Dehradun established by the petitioner no.2/the Indian Society to Serve Mankind situated at Dehradun was granted affiliation by the Uttrakhand Ayurveda Institute, Dehradun for starting the BAMS course with an admission capacity of 60 seats subject to grant of permission by the Govt. of India, Ministry of AYUSH under Section 13A of the Indian Medicine Central Council Act, 1970 vide consent of affiliation dated 18.04.2019.
2. Vide letter of intent dated 16.05.2017 issued by the respondent no.1 i.e. the Union of India, Ministry of AYUSH, the petitioners were accorded conditional permission to establish the new Ayurveda College in the name of the petitioner no.1 with 60 seats for the BAMS Course under Section 13A of the IMCC Act, 1970 from the academic session 2017-18 subject to conditions as mentioned in the said letter dated 16.05.2017 being fulfilled before the inspection by the CCIM i.e. the respondent no.2 regarding the matter for consideration for issuance of the letter of permission for the academic session 2017-18, failing which, the letter of permission would not be issued and the Letter of Intent issued would be deemed to have been withdrawn.
3. The conditions stipulated vide the said letter of the respondent no.1 read to the effect:
“1. The applicant shall fulfil all the requirements of infrastructure for teaching and training facilities as specified in the Regulations 3 and 10 of the “Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Ayurveda Colleges and attached Hospitals) Regulations, 2016”
2. the applicant shall fulfil all the requirement of the “Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016” (for Ayurveda);
3.the applicant shall fulfil all the relevant provisions of Regulations namely the “Establishment of New Medical College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity by a Medical College Regulations, 2003” read with amendment Regulations of 2013; and
4. The applicant shall fulfil all the relevant provisions under the IMCC Act, 1970.”
4. Apart from the same, the petitioners were also called upon to submit the requisite performance guarantee valid for a period of five years and vide para 4 of the said letter, it was categorically stipulated to the effect:
“4. The college administration is to ensure that no student is admitted in the above mentioned UG course till the formal permission by issue of Letter of Permission (LoP) of the Central Government is granted.”
5. Vide para 5 of the said letter, it was also stipulated that in the event, the applicant college fails to comply with or satisfy the conditions of the Letter of Intent, the Letter of Intent shall be deemed to have been withdrawn without further intimation to the applicant/petitioners herein.
6. The petitioners submit that the respondent no.2 i.e. the CCIM carried out the inspection of the petitioner no.1 college on 07.02.2018 and revisited on 28/29.05.2018 to re-assess the available facilities of teaching and practical training as well as to verify the compliance submitted by the college and forwarded its recommendation/report to the respondent no.1 and after the inspection and due compliance, the petitioner college was granted conditional permission for the UG BAMS Course with 60 seats under Section 13A of the IMCC Act, 1970 for the academic session 2018-19 by the respondent no.1 vide its conditional permission vide letter dated 07.09.2018 i.e. Annexure P-5. The said letter dated 07.09.2018 of the respondent no.1 stipulated to the effect:
“2. The CCIM had carried out an inspection of the institution on 07.02.2018 and re-visited on 28-29.05.2018 to reassess the available facilities of teaching and practical training
