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PURUSHAINDRA KUMAR KAURAV
Baba Hira Das Ji Ayurvedic Medical College And Hospital – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Purushaindra Kumar Kaurav, J.
1. This petition under Article 226 of the Constitution of India is directed against impugned order dated 19.12.2022 passed by respondent No.2/National Commission for Indian System of Medicine, (hereinafter referred to as 'NCISM') whereby, renewal permission to the petitioner-institution to admit 60 undergraduate students in Bachelor of Ayurvedic Medicine and Surgery (hereinafter referred to as 'BAMS') course for the academic session 2022-2023 has been denied.
2. Brief facts of the case are as under:-
(ii) On 22.11.2022, show cause notice/hearing notice was issued to the petitioner- institution by respondent No.3 pointing out certain deficiencies in the college. Respondent No.3 fixed the date for hearing on 25.11.2022.
(iii) Pursuant to show cause notice on 24.11.2022, the petitioner-institution submitted it
The judgment emphasizes the importance of adhering to statutory requirements and deferring to the expertise of expert bodies in academic matters.
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 ....
The denial of permission to establish an Ayurvedic Medical College was deemed unjustified due to lack of substantiated deficiencies, emphasizing the importance of function and regulation compliance.
The court emphasized the necessity of fair hearings and proper consideration of evidence in regulatory decisions affecting educational institutions, ruling against arbitrary penalties and restriction....
The authorities should consider the explanation and rectification of deficiencies by educational institutions and grant adequate time for addressing the deficiencies, especially in the context of ren....
Point of Law : Regulation 3(2) with Regulation 9(2) of the Regulations, it is evident that there can be a faculty comprising of consultants who may be appointed on contract basis on part time or on c....
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
The Court has the power to mould the relief in accordance with changed circumstances for shortening litigation, or doing complete justice, when relief which may have been justified at the commencemen....
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
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