Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, J.
VIDHYADEEP CHARITABLE TRUST - Appellant
Versus
UNION OF INDIA - Respondent
SPECIAL CIVIL APPLICATION NO. 498 of 2020
With
SPECIAL CIVIL APPLICATION NO. 8574 of 2020
Decided On : 10-02-2021
Homeopathy Central Council Act, 1973 – Section 12C,12A,13-A,18(4) - Constitution of India ,1950 - Article 14 and 19(1)(g) ,226 - Challenge - Quashing of Order - Public trust under Bombay Public Trust Act 1950 - An application under Section 12A of Homeopathy Central Council Act 1973 was submitted by petitioner to respondent no.1 seeking permission for establishing a college in name of Homeopathic Medical and Research Center for imparting education in discipline of Homeopathy at level of graduation leading to educational qualification of BHMS with intake of students with effect from academic year - Application was rejected by an order - Rejection was challenged by petitioner by filing Special Civil Application No - this Court quashed order and directed that respondent no.1 shall take a fresh decision by - Respondent no.1 passed an order rejecting application of petitioner - Aggrieved by order of rejection a second petition being Special Civil Application Now as preferred challenging order of rejection - By an order this Court allowed petition and quashed order and issued a direction to issue a letter of permission to college of petitioner for academic with an intake of 100 students for BHMS course - Since order was not complied with petitioner was constrained to move a contempt petition wherein a Division Bench of this Court passed an order giving a direction for allotment of students to college of petitioner for academic year - A Letters Patent Appeal preferred against order of learned Single Judge was dismissed
Finding of the court: Admittedly when college was established stand of respondents on applicability of Section 12C also is misconceived - In accordance with decision in Union of India rendered in Special Civil Application Nowhen appreciating submissions A to P in petition as juxtaposed with findings and observations of hearing Committee and submissions of college deficiencies are not such which warrant no extension of permission for year - Court also notice that this respondent – Council has rather developed a tendency to conduct proceedings in this very manner and in case of one another institute in Special Civil Application No learned Single Judge was also constrained to issue direction to admit students for current academic year even subject to inspection and as such we have noticed that not only in present proceedings but in another petition also rather Courts are compelled by this respondent – Council to pass orders – Court also incline to direct authorities to consider request and by granting extension of permission to college for academic year direct Admission Committee first to allot students to present applicant – College on or before extended last cut-off and respondent No.4 authority is also to grant extension of affiliation to applicant – College for academic year
Result: Petition Allowed
JUDGMENT :
1. Both these petitions are filed by the common petitioners Vidhyadeep Charitable Trust.
2. Prayer in Special Civil Application No.498 of 2020 reads as under:
3. In Special Civil Application No.8574 of 2020, the prayers after the amended petition read as under:
35B This Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction declaring the non-issuance of the communication dated 10th July, 2020 (Annexure “N”) along with the login id, password and teacher’s code to the concerned college of the Petitioner by Respondent No.2 as null, void and non-est.
35C This Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding Respondent No.1 and Respondent No.2 to grant extension of permission to the college of the Petitioner named Vidhyadeep Homeopathic Medical College & Research Center, Surat, for imparting education in the discipline of Homeopathy at the level of graduation leading to the qualification of BHMS with the intake of 100 seats for the academic year 2020-21.
38 FF) This Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any another appropriate writ or order or direction quashing and setting aside the order dated 7th December 2020 passed by the Respondent No. 1 (Annexure – S).”
4. Facts in brief are as under:
4.1 The petitioner is a public trust under the Bombay Public Trust Act, 1950. An application under Section 12A of the Homeopathy Central Council Act, 1973 was submitted by the petitioner to the respondent no.1 seeking permission for establishing a college in the name of Vidhyadeep Homeopathic Medical and Research Center for imparting education in the discipline of Homeopathy at the level of graduation leading to the educational qualification of BHMS with the intake of 100 students with effect from academic year 2017-18. The application was rejected by an order dated 10.11.2017. The rejection was challenged by the petitioner by filing Special Civil Application No.21189 of 2017. On 12.04.2018, this Court quashed the order and directed that the respondent no.1 shall take a fresh decision by 31.05.2018. On 28.06.2018 the respondent no.1 passed an order rejecting the application of the petitioner.
4.2 Aggrieved by the order of rejection on 28.06.2018, a second petition being Special Civil Appl
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
