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PRATEEK JALAN
Vivek College of Ayurvedic Science And Hospital – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This batch of writ petitions concerns orders of the Union of India [hereinafter, "the Union"] declining permission to the petitioner-institutions to admit students in their Ayurveda/Unani Colleges for the academic session 2020-2021.
A. Background:
2. For many of the petitioners, this is the third or fourth round of challenge before this Court in this connection.
3. Litigation first commenced at the stage of consideration of the petitioners' applications for permission to admit students. Writ petitions were filed in view of delays in disposal of the applications, particularly where counselling for admission was in progress, and the Court passed necessary directions in this regard.
4. In the next round of litigation, the petitioners challenged earlier show cause notices/orders of the Union, rejecting their applications either fully or partially [i.e., permitting admissions of fewer students than sought by the institution]. Although this Court originally declined interim relief by an order dated 01.02.2021 in one of those writ petitions [W.P. (C) 1265/2021], the matter was carried in appeal, and the Division Bench, by an order dated 04.02.2021 [LPA No. 49/2021, Shivang
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....
Employment and Service matter - Ayurveda Teacher - There is no provision disqualifying any Ayurveda Teacher from practice of teaching on ground that his registration as a medical practitioner is from....
The CCIM can certify teaching faculty's presence at specific institutions under Regulation 3(1)(f), ensuring they are not practicing elsewhere, and compliance with Regulation 26 is necessary for main....
The judgment established the importance of adhering to the minimum eligibility criteria as per the regulations and highlighted the need for procedural fairness in administrative decisions.
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 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 ....
Regulatory compliance is essential for educational institutions to ensure quality standards are met before student admissions.
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.
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