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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Aditya Ayurved College and Research Centre Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. appeal process and prior orders (Para 1 , 2) |
| 2. establishment and admission details of appellant college (Para 3 , 4 , 5) |
| 3. application process for admission capacity increase (Para 6 , 7) |
| 4. arguments regarding the appellant's entitlement (Para 8 , 9 , 10) |
| 5. citing precedents and relevance of regulations (Para 11 , 12 , 13) |
| 6. court’s caution against interim admissions (Para 14 , 19 , 20) |
| 7. clarification on online application procedures (Para 15 , 16 , 18) |
| 8. dismissal of the appeal (Para 21 , 22) |
JUDGMENT
Rajiv Sahai Endlaw, J. This Intra-Court Appeal impugns the order dated 22nd February, 2021 of dismissal of CM No.2632/2021 filed by the appellant/writ petitioner Aditya Ayurved College and Research Centre Ltd. (appellant College) in W.P.(C) No.13031/2019, also filed by the appellant College.
2. The appeal came up first before this Court on 26th February, 2021, when notice thereof was ordered to be issued. The appeal thereafter was listed on 12th March, 2021 but could not be taken up for hearing owing to the Division Bench having not assembled on that date and was adjourned to 15th March, 2021, when it was ordered to be listed before another Bench on 16th March, 2
The court held that delay in administrative decisions does not excuse failure to apply within prescribed time limits, and online approval processes require strict verification standards.
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 held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
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 court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
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 ....
Point of Law : Provisions contained in subsection (4) of Section 12A of HCC Act would be attracted and scheme submitted by petitioner shall be deemed to have been approved by Central Government and t....
Enhancement of medical college seats must be evaluated based on current infrastructure and faculty, not solely on past deficiencies or penalties.
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