Point of Law : Permission to establish a new Ayurveda Medical College - Special powers of State Government in certain circumstances - Provisions of State Act were insufficient to satisfy requirements of Form-4.

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 include research and studies in the discipline specified in Schedule-II of the Act, which in turn, includes Indian and Unani Medicine. Mr. Sharawat further submits that the Government of Rajasthan by its communications dated 03.07.2020 and 26.02.2021 has confirmed that the petitioner does not require an NOC for starting a course in Ayurveda.

3. The issue in the present case is whether the requirements of Regulation 6(1)(c) read with Regulation 7(1) and Form-4 of the Regulations, have been satisfied by the petitioner. The aforesaid provisions are in the following terms:-

“6. Eligibility for making an application.-(1)For making an application under sub-regulation (1) of regulation 4, a person shall be eligible if,-

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(c) has obtained 'No Objection Certificate' in Form- 4 from the concerned State Government for establishing a new medical college at the proposed site;

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7. Recommendation of Central Council. - (1) The Central Government, after receipt of the applications shall scrutinized the application on the basic of eligibility criteria like Application Fee, No Objection Certificate of the State Government and Consent of Affiliation of the University etc. and the Central Government shall forward only eligible applications to the Central Council of Indian Medicine for further consideration and the ineligible and incomplete applications shall be rejected and returned to the applicants by the Central Government.”

Form-4 is reproduced in full hereinbelow:-

FORM-4

[See regulation 6]

No Objection Certificate from the State Government

No…………..

Government of ---------------------------

The Department of ISM/AYUSH,

To

Dated, the ____________

(Name and address of applicant),

Subject : No Objection Certificate

Reference :

Sir,

The desired “No Objection Certificate” in respect of following facts is being issued:-

(1) Number of Medical and Ayurved or Siddha or Unani Tibb or Sowa Rigpa institutions already existing in the State.

(2) Number of seats available or number of Medical and Ayurved or Siddha or Unani Tibb or Sowa Rigpa practitioners being produced annually.

(3) Number of Ayurved or Siddha or Unani Tibb or Sowa Rigpa practitioners registered with the State Council/Board of Indian Systems of Medicine.

(4) Number of Ayurved or Siddha or Unani Tibb or Sowa Rigpa practitioners in State Government Service.

(5) Number of vacant Government posts of Ayurved or Siddha or Unani Tibb or Sowa Rigpa doctors in the State, particularly in rural/difficult areas.

(6) Number of Ayurved or Siddha or Unani Tibb or Sowa Rigpa doctors registered with the State Employment Exchanges.

(7) Ayurved or Siddha or Unani Tibb or Sowa Rigpa Doctors-population ratio in the State.

(8) How the establishment of the medical College/increase in admission capacity/starting------------ ---- course wou