The court emphasized that the appellant did not have a prima facie case for interim relief and that the online method was not applicable for enhancement in admission capacity.

JUDGMENT

Rajiv Sahai Endlaw, J. - This Intra-Court Appeal impugns the order dated 22nd February, 2021 of dismissal of CM No.2632/2021 filed by the appellant/writ petitioner Aditya Ayurved College and Research Centre Ltd. (appellant College) in W.P.(C) No.13031/2019, also filed by the appellant College.

2. The appeal came up first before this Court on 26th February, 2021, when notice thereof was ordered to be issued. The appeal thereafter was listed on 12th March, 2021 but could not be taken up for hearing owing to the Division Bench having not assembled on that date and was adjourned to 15th March, 2021, when it was ordered to be listed before another Bench on 16th March, 2021. In the meantime, the appellant College filed SLP (C) Nos.4260-4261/2021 against the order dated 26th February, 2021 of the Division Bench and vide order dated 9th March, 2021, Supreme Court requested this Court to take up the appeal immediately. The appeal came up before this Bench yesterday i.e on 16th March, 2021, the senior counsel for the appellant College was heard; though hearing of arguments of the counsels for the respondents also began yesterday, but remained inconclusive owing to instructions required by the counsels for respondents. We have further heard the counsels today.

3. The appellant College claims, to have been established in the year 2007, to impart education in Ayurveda System of Indian Medicine and further claims to be affiliated to the Maharashtra University of Health Sciences and, since the year 2007, admitting 50 students annually in Undergraduate Course in Bachelor of Ayurveda, Medical & Surgery (BAMS). It is the case of the appellant College, (i) that the appellant College, vide application dated 29th August, 2018 to the respondent No.1 Ministry of AYUSH, being the Nodal Ministry of the Central Government qua all matters pertaining to Indian Medicine, sought permission to increase the intake capacity in the Undergraduate Course of BAMS, from 50 to 100 students annually, from the Academic Session 2019-2020; (ii) that the respondent No. 1 Ministry of AYUSH, on 20th November, 2018, forwarded the said application of the appellant College to the respondent No.2 Central Council of Indian Medicine (CCIM), a regulatory body for institutions/colleges imparting education in various disciplines in Indian Medicines in India, for the purposes of inspection etc.; (iii) that a team from respondent No.2 CCIM visited the appellant College on 14th February, 2019 for inspection of the teaching and infrastructure facilities; (iv) that the respondent No.2 CCIM submitted its report dated 9th April, 2019 to the respondent No. 1 Ministry of AYUSH, recommending denial of increase in admission capacity to the appellant College; (v) that the respondent No.1 Ministry of AYUSH issued a notice dated 3rd May, 2019 to the appellant College, to show cause why enhancement in admissions should not be denied, for the reasons set out in the said notice and to appear before the designated Hearing Committee on 8th May, 2019; (vi) that the appellant College participated in the hearing pursuant to the notice to show cause; (vii) that though the respondent No.1 Ministry of AYUSH ought to have given its decision on the proposal of the appellant College for enhancement of admission capacity from the Academic Session 2019-2020, on or before 31st May, 2019, but failed to do so; (viii) that the Central Government, on 11th July, 2019, notified 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, in supersession of the 2003 Regulations; (ix) that on 31st August, 2019, the time period for making applications to the Central Government/respondent No. 1 Ministry of AYUSH, for the Academic Session 2020-2021 expired; till then, no decision on the application dated 29th August, 2018 of the appellant College for enhancing the admission capacity of students from the Acade