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PURUSHAINDRA KUMAR KAURAV
Mangla Kamla Homoeopathic Medical College & Hospital Through Its Secretary – Appellant
Versus
Union of India Through Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha And Homoeopathy (Ayush) – Respondent
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)--The petitioner-college in the instant petition seeks to challenge the order dated 08.12.2022, passed by respondent No.3, whereby the petitioner-college has been denied the permission to undertake admission in the Undergraduate Bachelor of Homeopathic Medicine and Surgery Course (hereinafter referred to as the ('BHMS Course') with an intake capacity of 50 seats for the academic year 2022-2023.
2. Learned counsel appearing on behalf of petitioner-college at the outset, submits that the impugned decision has been taken by respondent No.3 without providing them a copy of the inspection report.
3. Learned counsel appearing on behalf of respondents does not dispute the aforesaid position and they state that taking into consideration the nature of deficiencies existing in the petitioner-college, the same does not deserve any recognition.
4. Having considered the submissions made by learned counsel appearing on behalf of the parties, and having perused the pleadings, it is noted that the petitioner-college has not been furnished with the copy of the inspection report. Only the findings of the inspection report have been communicated to the p
The importance of adhering to principles of natural justice and fair play in administrative decisions, particularly in matters of granting permission or recognition.
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 court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
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 absence of deficiencies in the inspection report and the interim orders influenced the court's decision to allow the students admitted in the Academic Session 2019-20 to complete their course.
Judicial review under Article 226 is supervisory, not appellate; courts should not substitute decisions of expert bodies unless arbitrariness or illegality is evident.
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 that the authorities should not consider aspects beyond the show-cause notice and the findings of the First Appellate Authority, and should adopt a reasonable approach in assessi....
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