PRATEEK JALAN
Apex Institute Of Ayurveda Sciences, Apex University – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Prateek Jalan, J.
The proceedings in the matter have been conducted through video conferencing.
1. The writ petitioner is a University constituted under an enactment of the State of Rajasthan entitled the Apex University, Jaipur Act, 2018 (Act No. 27 of 2018) [“the Act”]. It applied to the Union of India [“UOI”] on 27.08.2020 for permission to establish a new Ayurveda Medical College under Section 13A of the Indian Medicine Central Council Act, 1970. The petitioner’s application was rejected and returned by the impugned communication of the UOI dated 10.10.2020. The ground of rejection was that the petitioner had not submitted a No-Objection Certificate [“NOC”] by the State Government in Form-4 of 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, 2019 [“the Regulations”].
2. Mr. Sanjay Sharawat, learned counsel for the petitioner, submits that a university constituted under a State legislation such as the petitioner, does not require an NOC to establish a new medical college. He submits that Section 4 of the Act enumerates the objects of the university, which inc
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