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2023 Supreme(Del) 2844

PURUSHAINDRA KUMAR KAURAV
G. D. Memorial Homoeopathic Medical College & Hospital – Appellant
Versus
Union of India Through Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha And Homoeopathy – Respondent


Advocates appeared:
Mr. Kundan Kumar Mishra & Mr. Shashwat, Advocates, for the Petitioner.
Mr. Ripudaman Bhardwaj, CGSC alongwith Mr. Sahaj Garg, Advocate, for the Respondent No. 1.
Mr. Sunil Narula & Ms. Isha Thakur, Advocates, for the Respondent Nos. 2 & 3.

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 petitione

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