JUDGMENT

1. The instant Appeal has been preferred by the Union of India impugning the Order dated 21.01.2021 passed by the Learned Single Judge in Review Petition No. 474/2018 in W.P. (C) No. 7954/2017 ('Impugned Order'). The Learned Single Judge has allowed the review and reversed the Order dated 06.12.2018. The learned Single Judge by Order dated 06.12.2018 had dismissed W.P. (C) No. 7954/2017. The effort of the impugned Judgment in W.P. (C) No. 7954/2017 has been allowed and the Respondent college has been given deemed approval to operate a new ayurveda medical college, despite deficiencies in the application submitted by the Respondent No. 1 to the Central Council of Indian Medicine ('Respondent No. 2').

2. The Respondent No. 1 applied to Appellant No. 1 under Section 13A of the Indian Medicine Central Council Act, 1970 ('IMCC Act'), which lays down the permission for establishment of a new medical college, to establish an ayurveda medical college. For the sake of convenience, Section 13A of the IMCC is being reproduced below:

"13A. Permission for establishment of new medical college, new course of study, etc.

(1) Notwithstanding anything contained in this Act or any other law for the time being in force,--

(a) no person shall establish a medical college; or

(b) no medical college shall--

(i) open a new or higher course of study or training, including a post-graduate course of study or training, which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or

(ii) increase its admission capacity in any course of study or training including a postgraduate course of study or training,

except with the previous permission of the Central Government obtained in accordance with the provisions of this section.

Explanation 1.--For the purposes of this section, "person" includes any University or a trust, but does not include the Central Government.

Explanation 2.--For the purposes of this section, "admission capacity", in relation to any course of study or training, including post-graduate course of study or training, in a medical college, means the maximum number of students as may be fixed by the Central Government from time to time for being admitted to such course or training.

(2) Every person or medical college shall, for the purpose of obtaining permission under sub-section(1), submit to the Central Government a scheme in accordance with the provisions of sub-section (3) and the Central Government shall refer the scheme to the Central Council for its recommendations.

(3) The scheme referred to in sub-section (2), shall be in such form and contain such particulars and be preferred in such manner and accompanied with such fee, as may be prescribed.

(4) On receipt of a scheme from the Central Government under sub-section (2), the Central Council may obtain such other particulars as may be considered necessary by it from the person or the medical college concerned, and thereafter, it may,--

(a) if the scheme is defective and does not contain necessary particulars, give a reasonable opportunity to the person or medical college concerned for making a written representation and it shall be open to such person or medical college to rectify the defects, if any, specified by the Central Council;

(b) consider the scheme, having regard to the factors referred to in sub-section (8) and submit it to the Central Government together with its recommendations thereon within a period not exceeding six months from the date of receipt of the reference from the Central Government.

(5) The Central Government may, after considering the scheme and recommendations of the Central Council under sub-section (4) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or medical college concerned and having regard to the factors referred to in sub-section (8), either approve the scheme with such conditions, if any, as it may consider necessar