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BHARGAV D. KARIA
Shri Satsangi Saketdham Ram Ashram – Appellant
Versus
National Commission For Indian System Of Medicine – Respondent
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 :
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 Responde
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 assessi....
The court emphasized the need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine ....
The denial of permission to establish an Ayurvedic Medical College was deemed unjustified due to lack of substantiated deficiencies, emphasizing the importance of function and regulation compliance.
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
Regulatory compliance is essential for educational institutions to ensure quality standards are met before student admissions.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
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 t....
The court established that administrative bodies must adhere to procedural fairness by granting applicants the opportunity to rectify deficiencies before disapproval.
The court emphasized the importance of proper consideration of the petitioner's submissions and the provision of the inspection report for a fair decision.
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