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2021 Supreme(Del) 464

PRATEEK JALAN
Career Convent Educational And Charitable Trust – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Mr. Abhijit Mittal, Ms. Nandini Aishwarya and Mr. Bhav Arora, Advocates, Mr. Akshay Bhatia, Advocate.
For the Respondents:Ms. Monika Arora, CGSC with Mr. Shriram Tiwary, Advocate, Mr. Sushil Kumar Pandey, Senior Panel Counsel with Mr. Jitendra Kumar Tripathi, GP, Mr. Vijay Joshi & Mr. Sahaj Garg, Advocates, Ms. Archana Pathak Dave, Advocate with Mr. Parmod Kumar Vishnoi, Mr. Kumar Prashant and Ms. Vanya Gupta, Advocates.

JUDGMENT :

The proceedings in the matter have been conducted through video conferencing.

1. These three petitions are directed against orders of the Union of India [hereinafter, “UOI”] rejecting applications made by the petitioners for permission to establish new Ayurveda medical colleges under Section 13A of the Indian Medicine Central Council Act, 1970 [hereinafter, “the Act”]. As the three petitions raise substantially similar legal issues, they have been taken up for hearing together and are disposed of by this common judgment.

I. Background and regulatory provisions

2. The issue in these petitions revolves around the documentation required to be submitted alongwith an application under Section 13A of the Act.

3. Section 13A deals with permission for establishment of a new medical college or a new course of study. It requires previous permission of the Central Government to be obtained. The Central Government, upon receipt of an application under Section 13A, refers it to the Central Council of Indian Medicine [hereinafter, “CCIM”] for its recommendation, and may approve or disa

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