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PURUSHAINDRA KUMAR KAURAV
Homeopathic Medical College – Appellant
Versus
Union of India – Respondent
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
The court emphasized the importance of proper consideration of the petitioner's submissions and the provision of the inspection report for a fair decision.
Institutions are not entitled to admit students without valid permission from statutory authorities, and no statutory provision empowers institutions to grant provisional permission to admit students....
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
The court emphasized the importance of considering the observations made by the hearing committee, interpreting and applying regulations correctly, and making decisions based on documentary evidence.
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....
The importance of adhering to principles of natural justice and fair play in administrative decisions, particularly in matters of granting permission or recognition.
Compliance with prescribed norms and minimum standards set by the Homoeopathy Central Council Act 1973 is essential for obtaining permission for admission in medical courses.
The court emphasized the importance of reasonable decision-making and the need for compliance with regulations in denying permission to educational institutions.
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....
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