Vipul M. Pancholi, J.

The captioned appeal is filed under Clause 15 of the Letters Patent by the appellant - original respondent No.1 - Union of India against the order dated 29.09.2017, passed by the learned Single Judge, in Special Civil Application No.17951 of 2017 by which the learned Single Judge has admitted the petition and granted interim relief in terms of paragraph-23(C) of the petition.

2. The captioned appeal was listed for hearing on 13.10.2017 and notice was issued to the respondents. As per the request of the learned advocates, Special Civil Application No.17951 of 2017 was ordered to be heard along with the captioned appeal. At the request of the learned advocates appearing for the parties, the main petition being Special Civil Application No. 17951 of 2017 itself is being heard and decided finally by this order.

3. The factual matrix of the present case is as under :

3.1 The petitioner is a Private University established by the Gujarat Private Universities Act, 2009 (hereinafter referred to as "the GPU Act" for the sake of convenience). It is stated that after its establishment as a Private University, the petitioner became functional with effect from the academic year 2015-16. It is stated that there are twenty-eight colleges and institutions functioning under the banner of the petitioner as its constituent colleges and institutions. It is stated that Jawaharlal Nehru Homoeopathy Medical College is one of the constituent colleges of the petitioner. The said college of the petitioner was originally established for imparting education in the discipline of Homoeopathy at the level of Graduation and the said college of the petitioner has the permission of respondent No.1 under Section 12-A of the Homoeopathy Central Council Act, 1973 (hereinafter referred to as "the Act of 1973"). The petitioner decided to impart education in the discipline of Homoeopathy at the level of Post-Graduation through its constituent college with effect from the academic year 2016-17. The petitioner, therefore, submitted an application under Section 12-A(2) (a) of the Act of 1973. The said application was forwarded by respondent No.1 to respondent No.2. Respondent No.2 has scrutinized and processed the said application of the petitioner. Respondent No.2 made recommendations to respondent No.1 for issuance of Letter of Permission to the petitioner at the level of Post-Graduation in four subjects, each having the intake of six seats. However, despite the recommendations of respondent No.2, respondent No.1 declined to grant permission to the petitioner for Post-Graduation Courses in the discipline of Homoeopathy in the concerned subjects. The petitioner, therefore, filed Special Civil Application No.17012 of 2016 challenging the order dated 18.11.2016 passed by respondent No.1. The learned Single Judge admitted the said petition and refused to grant interim relief. The petitioner, therefore, preferred Letters Patent Appeal No.1475 of 2016 before the Division Bench. It is stated that the said appeal was heard along with Special Civil Application No.17012 of 2016 and by an order dated 03.02.2017, the petition filed by the petitioner came to be allowed and order dated 18.11.2016, passed by respondent No.1, was quashed and set aside. Thus, the petitioner became functional for imparting education in the discipline of Homoeopathy at the level of Post-Graduation in the four subjects with effect from the academic year 2016-17.

3.2 It is further stated that as per observations made by the Division Bench of this Court, in paragraph-23 of the order dated 03.02.2017, passed in aforesaid Letters Patent Appeal and Special Civil Application, respondent No.2 was permitted to carry out the inspection of the set-up of the constituent college of the petitioner. It was also observed by the Division Bench of this Court that if any deficiency is noticed by respondent No.2, it would be upon for it to take appropriate action against the petitioner unde