The court emphasized the need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine in the country.

JUDGMENT :

Rekha Palli, J.

1. The petitioner, who is desirous of starting a new Ayurvedic Medical College with 100 seats in the undergraduate (UG) programme Bachelor of Ayurveda Medicine and Surgery (“BAMS”) for the Academic Year 2021-2022, has approached this Court assailing the denial order dated 31.01.2022 passed by the Medical Assessment and Rating Board of the Indian System of Medicine of the respondent No. 2 (hereinafter referred to as the “MARBISM”), vide which its scheme for commencement of the said course was rejected. The petitioner also assails the orders dated 24.02.2022 and 31.03.2022 passed by the respondent No. 2 and respondent No. 1, respectively, whereby its first appeal and second appeal against the denial of Letter of Permission (“LOP”) dated 31.01.2022, have been rejected.

2. The petitioner approached the Health and Family Welfare Department, state of Gujarat (H&FWD, Gujarat) seeking a “No Objection Certificate” (hereinafter referred to as the “NOC”) as required under the Indian Medicine Central Council (Requirements of Minimum Standard for undergraduate Ayurveda Colleges and attached Hospitals), Regulations, 2016 (hereinafter referred to as “MSR, 2016”). On 29.08.2020, the state government, after satisfying itself with the infrastructure and clinical material in the petitioner institute issued a NOC for establishment of an ayurveda college with the admission capacity of 60 seats in BAMS course to the petitioner.

3. On 23.09.2020, the petitioner, armed with this NOC, submitted an application to respondent No. 2 under section 13A of the Indian Medical Central Council Act, 1970 (hereinafter referred to as the “IMCC Act”) for establishment of Sumandeep Ayurveda Medical College and Hospital. The said application was rejected by the respondent No. 1 on 18.11.2020 for want of an updated “Consent of Affiliation” from the affiliating university as it was the petitioner’s case that on account of being a “Deemed to be University” as per the UGC norms, it did not require a “Consent for Affiliation”. Aggrieved thereby, the petitioner approached this Court by way of W.P.(C) 10942/2020 against the respondents’ refusal to consider its application on the aforesaid ground and it is only after the intervention of this Court that the respondent No. 1 agreed to process the petitioner’s application without insisting on a “Consent for Affiliation”.

4. In the meanwhile, the petitioner received a fresh NOC dated 26.03.2021, now with an increased intake of 80 seats in BAMS. However, since this NOC inadvertently referred to the academic year 2022-2023, a corrigendum was issued by the government of Gujarat on 03.08.2021, clarifying therein that the NOC, in favour of the petitioner, had in fact, been issued for the academic year 2021-2022.

5. In accordance with the procedure mentioned under the MSR, 2016 the petitioner, on 25.08.2021, sent its duly filled up Part-I visitation proforma alongwith the institute and hospital’s layout, as also the visitation fees, so that the necessary inspection could be conducted for issuance of a Letter of Intent (“LOI”) in its favour.

6. Based on the petitioner’s application, and the NOC granted by the Government of Gujarat, the MARBISM appointed a team of visitors to undertake an online verification of the petitioner’s faculty and infrastructure on 14.09.2021. During this inspection, the petitioner claims to have shown all the relevant records in respect of both the In-Patient Department (“IPD”) and Out-Patient Department (“OPD”), as also the doctors and nursing staff roster, to the members of the visitors’ team. After consideration of the report of this visitors’ team, the petitioner was issued an LOI on 03.11.2021 by the respondent No. 2, in accordance with the Establishment of New Medical College, Opening of New or Higher Course of Study or Training and Increase of Admission Capacity by a Medical Coll