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2023 Supreme(Del) 2845

PURUSHAINDRA KUMAR KAURAV
Homeopathic Medical College – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Amitesh Kumar, Mr. Nishant Kumar, Ms. Aprajita and Mr. Saurabh Singh, Advocates, for the Petitioner.
Ms. Monika Arora, CGSC with Ms. Geetanjali Tyagi and Mr. Yash Tyagi, Advocates, for the Respondent-1/UOI.
Mr. Santosh Kumar and Mr. Prakhar Prakash, Advocates, for the Respondent-2.

JUDGMENT

Purushaindra Kumar Kaurav, J. (Oral)--This petition is directed against the order dated 25.01.2023 passed by the respondent No.1-Union of India, Ministry of Ayush (in short, UOI) in the second appeal filed against the order passed by the 1st Appellate Authority i.e., respondent No.2-National Commission for Homoeopathy (in short, NCH) dated 27.12.2022.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner-institution is an ongoing institution running a Bachelor of Homeopathic Medicine and Surgery course (in short, BHMS course) since 1976. There has not been any deficiency in meeting the criteria stipulated in applicable regulations and the petitioner scrupulously adheres to all requirements, as per law. The petitioner states that on 17.11.2022, the NCH served the notice pointing out certain deficiencies with respect to the renewal of its 60 intake capacity in undergraduate courses for the academic year 2022-2023. He submits that the deficiencies as were pointed out therein were properly explained by the representation/reply dated 21.11.2022. According to the petitioner, without providing a copy of the inspection report, the NCH vide order date

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