Point of Law: Educational and Charitable Trust - Permission for establishment of new college - University signified its consent to association of proposed college, and referenced NOC to be obtained from State Government - CCIM and the UOI are entitled to proceed in accordance with Regulations.

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 disapprove after obtaining the recommendation of the CCIM.

4. 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 [hereinafter, “the Regulations”] were framed on 11.07.2019, in exercise of the regulation making power conferred by Section 36 of the Act. The Regulations require submission of various documents alongwith the application under Section 13A, including a No Objection Certificate [hereinafter, “NOC”] from the State Government, and a Consent of Affiliation [hereinafter, “COA”] from the affiliating university of the proposed college. These are to be in Form-4 and Form-5 appended to the Regulations, respectively.

5. Regulations 6(1)(c), 6(1)(d) and 7(1) are relevant for adjudication of these petitions:

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

xxxx xxxx xxxx

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

(d) has obtained a 'Consent of Affiliation' in Form- 5 for establishing a new medical college from a University established under any Central or State statute;

xxxx xxxx xxxx

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.”

6. Although August 31 is normally the last date for submission of applications under Section 13A in respect of permissions for the following year, in view of the Coronavirus pandemic, the UOI extended the last date for submission of applications for the year 2021-22 until 30.09.2020.

II. Facts

A. W.P.(C) 1846/2021

7. The petitioner, Career Convent Educational and Charitable Trust [hereinafter, “CC Trust”] first set up an Ayurvedic medical college and research centre in the year 2016. It obtained an NOC from the State of Uttar Pradesh and a Consent of Association from Lucknow University [hereinafter, “the University”] on 11.05.2018 and 12.07.2018 respectively.

8. The petitioner thereafter filed an application for permission to establish the college in the academic year 2021-22 under Section 13A of the Act on 25.08.2020. Alongwith the application, it filed a Consent of Association issued by the University on 18.08.2020, by which th