The importance of providing proper opportunity of hearing and access to inspection reports before making decisions on permission for educational institutions.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--This petition seeks to challenge the order dated 25.01.2023 passed by the respondent No.1-Ministry of AYUSH, upholding the order dated 22.12.2022 passed by the First Appellate Authority-respondent No.2 i.e., National Commission of Homeopathy (hereinafter referred to as `the Commission'), wherein, the order of declining permission to the petitioner-institution for undertaking admission in the first year of the Undergraduate Bachelor of Homeopathy Medicine and Surgery [hereinafter referred to as 'BHMS Course'] for the academic year 2022-2023 on the full sanctioned/approved intake capacity of 100 seats has been passed and the permission for undertaking admission in the 42 approved/sanctioned seats in the Post Graduate Course MD (Hom) has been declined.

2. The brief facts for disposal of the instant petition are that the petitioner-institution is an ongoing institution running the UG 'BHMS' Course with a 100 intake capacity since 2001 and with a 42 intake capacity of PG courses since 2002. According to the petitioner-institution, it fulfills all the requisite criteria as stipulated in the applicable Rules and Regulations and the petitioner-institution has never been denied the renewal of permission to operate the concerned courses right from 2001 and 2002 for UG and PG Courses respectively. The petitioner-institution, however, submits that for the purpose of renewal of the approved intake capacity of 100 UG and 42 PG seats, some inspection appears to have been conducted by the respondent No.2 i.e. the Commission. On the basis of the inspection, a decision was taken in terms of the order dated 02.12.2022, wherein it was decided that the intake capacity of the petitioner-institution be reduced from 100 to 50 for UG Courses and the petitioner-institution should not be granted any approval for PG seats for the academic year 2022-23.

3. The petitioner-institution challenged the order dated 02.12.2022 before the First Appellate Authority. The First Appellate Authority declined to grant permission for operating PG Courses for the academic year 2022-2023. However, before the First Appellate Authority, the petitioner-institution has succeeded to the extent of getting the permission to run UG course with intake capacity only upto 50. With respect to PG course the First Appellate Authority did not interfere into the order passed by the Board.

4. The petitioner-institution, therefore, preferred the second appeal, and the second Appellate Authority, in terms of order dated 25.01.2023 affirmed the order passed by the First Appellate Authority.

5. Learned counsel for the petitioner-institution submits that the petitioner-institution fulfils all criteria stipulated in the National Commission for Homeopathy Act, 2020 and Homeopathy Minimum Standards of Education Regulations, 2013. He further submits that the order in original dated 02.12.2022 was passed without considering the explanation submitted by the petitioner-institution. According to him, no inspection report was given to the petitioner-institution despite it had explained the circumstances which has resulted in creating impression that the petitioner-institution was not fulfilling the required criteria. He further submits that when the petitioner-institution preferred the first appeal before the First Appellate Authority, although it accepted the appeal in part, to the extent of allowing 50 intake capacity for UG Course but has also not given it any opportunity of hearing to explain its case. He further submits that even the Second Appellate Authority has also not heard the petitioner-institution before passing the impugned decision.

6. Learned counsel while taking this court through the observations made by the Second Appellate Authority in the impugned order states the overall observations recorded therein are not based on any material. He further explains that had the petitioner-institution been given proper opportunity to explain