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 the same shall be deemed to have been granted.

JUDGMENT :

1. Rule returnable forthwith. Mr. Devang Vyas, learned ASG waives service of notice of rule for the respondent Nos.1 and 2.

2. With the consent of the learned advocates appearing for the respective parties, the matters were taken up for final hearing. The arguments were concluded and the judgment was reserved on 22.1.2021.

3. Prayers in SCA No.10913 of 2020 read as under:

“9(A) That this Honourable Court be pleased to issue a writ of Mandamus and/or any other such appropriate writ, order by directing the respondents to grant the Gandhinagar Homeopathic College for extension of permission for academic year 2020-21 with intake capacity of 100 students in view of the letter dated 10th July, 2020 and 20th July, 2020 passed by the Respondent No.2.

(B) That this Honourable Court be pleased to direct respondent No.1 and 2 to generate teachers code and password of the petitioner college and further open the portal for the petitioner to submit the form and further be allowed for extension of permission for admission for the academic year 2020-21 with intake capacity of 100 students till the final disposal of the present petition.

(C) That this Honourable Court be pleased to direct the Respondent No.1 and 2 to include the name of the petitioner college in the list of permitted colleges for the academic Year 2020-21 with intake capacity of 100 students. ”

4. Prayers in SCA No.596 of 2020 filed prior in point of time by the petitioner read as under:

“9(A) That this Honourable Court be pleased to issue a writ of Mandamus and/or any other such appropriate writ, order by directing and setting aside the order dated 1st November, 2019 passed by the respondent No.1 and be further direct the respondents to grant the Gandhinagar Homeopathic College for extension of permission for academic year 2019-20 with intake capacity of 100 students. ”

5. Facts in brief are as under:

* Several rounds of litigation have preceded the filing of these petitions.

* The petitioner is a charitable Trust registered under the provisions of the Bombay Public Trust Act, 1950. An application in the form of a scheme under section 12(A) of the Homeopathy Central Council Act, 1973 (for short 'the HCC Act') was made to the Central Government seeking permission to start a new homeopathy medical college in the name and style of Gandhinagar Homeopathic Medical College for the course and qualification of BHMS with an intake capacity of 100 students. The application was made under the Pearl Education Charitable Trust, Ahmedabad for the academic year 2018-19.

* The petitioner's application was considered in the Ministry and was forwarded to the Council of Homeopathy on 24.5.2017 for conducting inspection of the college and a report was called for with regard to the infrastructure and staffing position in accordance with the provisions of HCC Act.

* On 22.9.2017, a surprise inspection was carried out by the Central Council of Homeopathy. On 29.11.2017, the Central Council of Homeopathy issued a letter of intent to the petitioner to start a new college.

* Certain deficiencies were brought to the notice of the petitioner by communication dated 6.7.2018 on the basis of a surprise inspection carried out on 11.6.2018. The petitioner was called upon to explain such deficiencies within a period of ten days. On appearing before the hearing committee of 16.7.2018, the respondent - Central Council of Homeopathy denied the letter of permission vide order dated 10.8.2018.

* Aggrieved by the said order, the petitioner filed SCA No.12768/2018. On 20.9.2018, the petition was allowed and the Court allowed the petition in terms of paragraph No.10(A) thereof inasmuch as, the order refusing letter of permission dated 10.8.2018 was quashed and set aside and the petitioner was granted permission to start the Homeopathic Medical College from the academic year 2018-19.

* For the purposes of renewal o