Compliance with the substantial requirements of the No Objection Certificate (NOC) and the obligation to follow regulatory provisions are essential for the establishment of new medical colleges.

JUDGMENT

Prateek Jalan, J. - The proceedings in the matter have been conducted through video conferencing.

1. By way of this petition under Article 226 of the Constitution, the petitioner challenges communications dated 18.09.2020 and 05.05.2021, by which the Union of India ["UOI"] has rejected and returned its application for permission to establish a new Ayurveda medical college.

Facts

2. The petitioner is a University constituted under an Act enacted by the Legislative Assembly of the State of Punjab, namely, the RIMT University Act, 2015 ["the State Act"]. It made an application to the UOI on 28.08.2020 under Section 13A of the Indian Medicine Central Council Act, 1970 for permission to establish a new Ayurveda college in the academic session 2021-22. The last date for submission of applications was 30.09.2020.

3. The petitioner's application was rejected and returned by the impugned communication dated 18.09.2020, for want of the No Objection Certificate ["NOC"] of the State Government in Form-4, as required by Regulation 6(1)(c) 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"] made by the Central Council of Indian Medicine ["CCIM"].

4. The petitioner responded to this communication by a letter dated 23.09.2020, contending that it was not required to obtain an NOC from the State Government in view of Section 5 of the State Act, which exempts the petitioner from the requirement of submitting such NOCs.

5. The UOI, however, by a letter dated 19.11.2020, reiterated the position it had taken in the earlier communication.

6. On 11.12.2020, the petitioner addressed a further communication to the UOI stating inter alia that it was under the impression that it did not need an NOC from the State Government, but that it had since applied for the issuance of the NOC. The UOI on 19.01.2021, informed the petitioner that its application could not be considered as it had failed to provide the required NOC within time.

7. Subsequently, the State of Punjab did, in fact, issue an NOC in favour of the petitioner in Form-4 on 05.03.2021, which has been submitted by the petitioner to the UOI on 08.03.2021, alongwith a request to reconsider its application.

8. By the second impugned communication of 05.05.2021 [wrongly dated 05.05.2020], the UOI has taken the view that the NOC was not submitted within the last date of 30.09.2020, and that the application of the petitioner can therefore not be considered for the academic year 2021-22. The application has once again been rejected and returned under cover of the aforesaid letter.

Submissions of counsel

9. Mr. Nalin Kohli, learned counsel for the petitioner submits that the petitioner has established an Ayurveda hospital in the year 2018, and has extended considerable amount of money and time in setting up the infrastructure for the medical college. It was under a bonafide belief that, in view of the provisions of Section 5 of the State Act, it was exempted from submission of the NOC. He further contends that the NOC having been obtained and submitted in the required format, albeit belatedly, this is a fit case for the UOI to be directed to forward the petitioner's application to the CCIM for further processing in terms of the Regulation 7 of the Regulations. He submits that the nonsubmission of the NOC in Form-4 in these circumstances was a remediable irregularity, which has subsequently been remedied by the petitioner. Mr. Kohli relies upon an interim order dated 25.05.2021 passed by this Court in W.P.(C)5486/2021 [Apex Institute of Ayurveda Sciences, Apex University vs. Union of India & Anr.], wherein this Court had, in similar circumstances, directed the UOI to accept the application of a University established under a State Act of the State of Rajasthan, sub