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2022 Supreme(Del) 450

REKHA PALLI
Sumandeep Vidyapeeth, An Institute Deemed To Be University – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Maninder Singh & Mr. Dayan Krishnan, Sr. Advs. with Mr. Rishi Aggarwal, Mr. Ankit Banati, Mr. Shravan Niranjan, Mr. Prabhas Bajaj & Mr. Pranav Saigal, Mr. Karmanbir Singh & Mr. Sukrit Seth.
For the Respondents: Mr. Aakanksha Kaul, Mr. Manek Singh, Mr. Aman Sahani & Mr. Deepak Tawar (GP), Mr. Hitesh Batra, Mr. Archana Pathak Dave, Mr. Kumar Prashant, Mr. Pramod Kumar Vishnoi & Mr. Avnish Dave.

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 Ayurve

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