BIREN VAISHNAV
Vivek Bharti Trust Through Managing Trustee Vishwanath Pitambar Trivedi – Appellant
Versus
Union Of India – Respondent
ORDER :
1. In this petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 08.01.2021, by which, it has the effect of reducing the sanctioned intake of the institute viz. Nobel Homeopathic Medical College and Research Institute from 100 seats to 60 seats. The further prayer is to direct the respondents to permit the institute to impart education at the level of graduation in B.H.M.S. with intake of 100 seats for the academic year 2020-21.
2. The facts in brief are as under:
2.1 The Petitioner is a public trust. It inter alia runs a college in the name of Nobel Homeopathic Medical College and Research Institute (“College” for short). The College is engaged in imparting education in the discipline of Homeopathy at the level of graduation leading to the qualification of B.H.M.S. The College was established in the academic year 2017-18 with the intake capacity of 100 seats.
2.2 The College submitted the requisite details in the manner and within the time frame prescribed by the Respondent Nos. 1 & 2 for extension of permission for the academic year 2020-21. This is not in dispute.
2.3 Thereafter, the College received from Respondent No
Hindustan Petroleum Corporation V/s Darus Shapur Chenai & Ors. reported in (2005) 7 SCC 627
Royal Medical Trust V/s Union of India reported in (2015) 10 SCC 19
Kanachur Islamic Education Trust V/s. Union of India reported in (2017) 15 SCC 702
Royal Medical Trust and Another v. Union of India and Another reported in [(2017) 16 SCC 605]
J&K Housing Board and another v. Kunwar Sanjay Krishan Kaul and others reported in (2011) 10 SCC 714
Manoharlal Sharma v. Medical Council of India and others reported in (2013) 10 SCC 60
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