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PURUSHAINDRA KUMAR KAURAV
L. N. Ayurved College & Hospital – Appellant
Versus
Union of India Thr. Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy (Ayush) – Respondent
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)--The present petition has been filed under Articles 226/227 of the Constitution of India assailing the impugned order dated 30.08.2019 (Annexure P-11), whereby the Central Government denied the permission to the petitioner-institution for taking admission in UG (BAMS) course with 100 seats under Section 13A/13C of the Indian Medicine Central Council Act, 1970 (IMCC Act) for the Academic Session 2019-20.
2. Learned counsel appearing on behalf of the petitioner submits that for the Academic Session 2018-19, the petitioner-institution was granted permission in terms of order dated 10.10.2018 by the Central Government. However, on account of certain alleged deficiencies, the permission to admit the students for the Academic Session 2019-20 has been rejected. He further submits that the reasons for rejection of the permission for the Academic Session 2019-20 are non-existent and if the entire matter is considered in right perspective, it would be seen that the concerned authority has not considered the relevant aspects of the matter. He also submits that this court in terms of order dated 17.09.2019 considered the matter in detail and passed
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.
The judgment establishes the principle that strict compliance with statutory requirements is essential, and institutions cannot admit students without approval, bearing responsibility for any resulti....
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.
Admission to MBBS Course – Denial of permission by Board of Governors in supersession of Medical Council of India owing to gross deficiencies of infrastructure, clinical material, teaching faculty an....
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
The court emphasized that the appellant did not have a prima facie case for interim relief and that the online method was not applicable for enhancement in admission capacity.
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....
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