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 is less than prescribed number of 28 required teaching staff. So far as aspect of Average Bed Occupancy is raised by petitioner, on perusal of impugned order, it appears that respondent nos. 1 and 2 have applied the formula of Average Bed Occupancy contrary to formula prescribed in Form No.1 of Regulations 2019.

JUDGMENT :

1. Heard learned advocate Mr. Bharat Rao for the petitioner, learned advocate Mr. A.R. Thacker for the respondent no.3, learned Additional Solicitor General Mr. Devang Vyas for respondent nos. 1 and 2 and learned Assistant Government Pleader Mr. K.M. Antani for the respondent-State through video conference.

2. Rule returnable forthwith. Learned advocate Ms. Nupur Parikh on behalf of learned Additional Solicitor General Mr.Devang Vyas wavies service of notice of rule for respondent nos.1 and 2, learned advocate Mr. A.R. Thacker waives service of notice of rule for respondent no.3 and learned AGP Mr. K.M. Antani waives service of notice of rule for respondent-State.

3. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

“(A) To admit and allow this petition;

(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the recommendation of the respondent no.2-Central Council of Homeopathy being letter No. 158/2020-CCH (Visitation matter) 2805 dated 30.09.2020 for the academic year 2020-21 and further be pleased to quash and set aside the order dated 04.01.2020 passed by the respondent no.1-Director, Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), for the reasons stated in the memo of the petition and in the interest of justice and to direct ministry of AYUSH to issue new permission order with the intake capacity of 100 seats for the academic year 2020-21

(C) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent no.4 Admission Committee for the Professional Under Graduate Medical Courses(ACPUGMEC), Gandhinagar to allot the students for IBHMS for the academic year 2020-21 from the list prepared by them, and/or if the respondent no.4 does not have students, then petitioner may be permitted to give admission by issuing public advertisement as per the rules and regulations prescribed by the respondent authorities, for the reasons stated in the memo of the petition and in the interest of justice;

(D) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent no.3 – Saurashtra University to grant/renew/continue the affiliation with the present petitioner college for B.H.M.S. course, for the reasons stated in the memo of the petition and in the interest of justice;

(E) Pending admission, hearing and final disposal of the present petition, Your Lordships be pleased to stay the impugned order dated 04.01.2021 passed by the respondent no.1 and further be pleased to direct the respondent no.4 to allot the students in IB. H.M.S. course for the academic year 2020-21, as there is no deficiency and further be pleased to direct the respondent no.3 Saurashtra University to grant/continue the affiliation to the petitioner college for the B.H.M.S. course and to also do the enrollment of the students of the year 2020-21 of 1st year BHMS student , for the reasons stated in the memo of the petition and in the interest of justice;

(F) YOUR LORDSHIPS may Grant adinterim relief in terms of prayer clause (E);

(G) YOUR LORDSHIPS may pass such other and further orders as this Honourable Court may deem fit and proper in favour of the petitioner in the interest of justice and circumstances of the case.”

4. The brief facts of the case are as under :

(4.1) The petitioner-Kamdar Education trust has been established by Kamdar family for the purpose of imparting education in the City of Rajkot and surrounding area of Saurashtra region. The Trust decided to start/setup new homeopathic college in the name of Kamdar Homeopathic Medical College and Research Centre.

(4.2) The petitioner-Kamdar Education trust applied for No Objection Certificate (N.O.C.) to establish Homeopathic college at Rajkot to the Government of Gujara