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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Baba Hira Das Ji Ayurvedic Medical College And Hospital – Appellant
Versus
Union of India – Respondent
JUDGMENT
Subramonium Prasad, J. Aggrieved by the dismissal of the Judgment dated 24.01.2023 passed by the learned Single Judge in W.P.(C) 222/2023, the Appellant has approached this Court by filing the instant appeal. The Appellant had filed the writ petition being W.P.(C) 222/2023 challenging the Order dated 19.12.2022 passed by the National Commission for India System of Medicine (NCISM) denying the renewal of permission to the Appellant-Institution to admit 60 undergraduate students in Bachelor of Ayurvedic Medicine and Surgery (BAMS) course for the academic session 2022-2023.
2. Shorn of details, facts leading to the filing of the instant appeal reads as under:
a) It is stated that the Appellant-Institution started imparting education in the field of India System of Medicine from the year 2016-17 onwards. It is stated that for the academic session 2022-2023 for BAMS course, an inspection was conducted in the Appellant-Institution on 29.09.2022 by the Medical Assessment and Rating Board.
b) Pursuant to inspection, a show cause notice was issued by the Medical Assessment and Rating Board to the Appellant-Institution pointing out certain deficiencies in the college and the Appellant
The court emphasized the need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine ....
The denial of permission to establish an Ayurvedic Medical College was deemed unjustified due to lack of substantiated deficiencies, emphasizing the importance of function and regulation compliance.
The court emphasized the necessity of fair hearings and proper consideration of evidence in regulatory decisions affecting educational institutions, ruling against arbitrary penalties and restriction....
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 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 has the power to mould the relief in accordance with changed circumstances for shortening litigation, or doing complete justice, when relief which may have been justified at the commencemen....
The court upheld the authority of the National Medical Commission to regulate medical education standards, emphasizing adherence to statutory requirements for college establishment.
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