The court emphasized that the authorities should not consider aspects beyond the show-cause notice and the findings of the First Appellate Authority, and should adopt a reasonable approach in assessing the fulfillment of criteria for granting permission.

JUDGMENT :

1. Heard learned advocate Mr.Mitul Shelat with learned advocate Ms.Disha Nanavaty for the petitioner, learned advocate Mr.Harsheel D. Shukla for the respondent No.1 and learned advocate Mrs.Krishna G. Rawal for the respondent No.2.

2. Issue Rule, returnable forthwith. Learned Advocate Mr.Harsheel Shukla waives service of notice of rule for respondent No.1 and learned advocate Mrs.Krishna Rawal waives service of notice of rule for the respondent No.2.

3. By this petition, the petitioner has prayed for the following reliefs :

“A. This Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction quashing and setting aside the Impugned Orders dated 16.11.2022 and 30.12.2022 passed by the Respondent;

AA. This Hon’ble Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction quashing and setting aside the Impugned Order dated 02.02.2023 passed by the Respondent No, 2;

B. This Hon’ble Court be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction directing the Respondent to grant Letter of Permission to the Petitioner for 60 seats for under-graduate programme in Bachelor of Ayurveda Medicine and Surgery for the academic year 2022-2023 and include Petitioner's name in the total seat matrix for the remaining rounds of counselling, including the mop-up round and round for filling up of stray vacancies.”

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

4.1. In accordance with Section 29 of the Act, for the purpose of obtaining permission to start an ayurvedic medical college, a scheme is to be submitted to the Medical Assessment and Rating Board constituted in terms of the Act where a scheme is approved, such approval constitutes the permission to establish a new medical college where a scheme is disapproved, the person is entitled to prefer an appeal to the Commission and thereafter, before the Central Government.

4.2. It is the case of the petitioner that in accordance with the above Regulations, the following schedule is laid down for receipt and processing of the applications: -

4.3. It is the case of the petitioner that the applications for the academic year 2022-23 was extended from 31.8.2021 to 31.10.2021. On 27.09.2021, the petitioner applied to the State Government for an Essentiality Certificate / No Objection Certificate for the establishment of a new Ayurveda College with a capacity of 60 seats. In pursuance of the Application, the State of Gujarat carried out due verification for grant of No Objection Certificate. On 27.10.2021, the petitioner was issued a No Objection Certificate (“NOC”) in respect of the establishment of Ayurveda College with 60 seats for starting B.A.M.S Course for the Academic Year 2022-23 by the Health & Family Welfare Department, Government of Gujarat. That as per the NOC, it was certified that the petitioner possessed adequate clinical material as per the requirement of the Regulations.

4.4. Thereafter, the petitioner submitted its application to the Board in accordance with Section 29 of the Act. It is the case of the petitioner that pursuant to the preliminary scrutiny of the application, certain deficiencies were intimated to the petitioner. The petitioner by its covering letter dated 15.3.2022 submitted compliance in deference to the same.

4.5. It is the case of the petitioner that upon being satisfied with the compliance, the Respondent requested the p