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DELHI HIGH COURT
REKHA PALLI
Sumandeep Vidyapeeth, An Institute Deemed to be University – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's arguments against denial of lop. (Para 10 , 11 , 12) |
| 3. court's analysis and observations on deficiencies. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. ratio decidendi: importance of proper consideration of evidence. (Para 24) |
| 5. final decision in favor of petitioner. (Para 25 , 26) |
JUDGMENT
Rekha Palli, J. The petitioner, who is desirous of starting a new Ayurvedic Medical College with 100 seats in the undergraduate (UG) programme Bachelor of Ayurveda Medicine and Surgery ("BAMS") for the Academic Year 2021-2022, has approached this Court assailing the denial order dated 31.01.2022 passed by the Medical Assessment and Rating Board of the Indian System of Medicine of the respondent no.2 (hereinafter referred to as the "MARBISM"), vide which its scheme for commencement of the said course was rejected. The petitioner also assails the orders dated 24.02.2022 and 31.03.2022 passed by the respondent no. 2 and respondent no. 1, respectively, whereby its first appeal and second appeal against the denial of Letter of Permission ("LOP") dated 31.01.2022, have been rejecte
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 need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine ....
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 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 that the authorities should not consider aspects beyond the show-cause notice and the findings of the First Appellate Authority, and should adopt a reasonable approach in assessi....
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 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 judgment emphasizes the importance of adhering to statutory requirements and deferring to the expertise of expert bodies in academic matters.
Compliance with prescribed norms and minimum standards set by the Homoeopathy Central Council Act 1973 is essential for obtaining permission for admission in medical courses.
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