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2021 Supreme(Del) 1122

PRATEEK JALAN
Rimt University – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Nalin Kohli, Advocate, Vidula Mehrotra, Advocate, Utsav Saxena, Advocate, Ankit Roy, Advocate, Nimisha Menon, Advocate, Nidhi Raman, Advocate, Nidhi Mohan Parashar Gp, Advocate, Zubin Singh, Advocate, Archana Pathak Dave, Advocate

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, Op

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