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BHARGAV D. KARIA
Shree Gyanjyot Education Trust – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard learned Senior Advocate Mr. D.C.Dave appearing with learned Advocate Mr. Udit N. Vyas for the petitioner and learned Advocate Mr. Harsheel D. Shukla for Respondent Nos. 2 and 3.
2. Rule returnable forthwith. Learned Advocate Mr. Harshil D. Shukla waives service of Rule on behalf of Respondent Nos. 2 and 3 whereas learned Advocate Ms. Krishna G. Rawal appears and waives service of Rule on behalf of Respondent No.1.
3. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 14.11.2022 at Annexure-K passed by the Respondent No.1 – Union of India to the extent it denied 2 seats in the subject of Materia Medica and 3 seats in the subject of Repertory of Post Graduation Course education to be imparted by the petitioner in its Homeopathy Medical College in the faculty of MD Homeopathy.
4. The brief facts of the case are as under.
4.1 The letter of permission dated 30.9.2014 was issued to establish Homeopathy Medical College in the name and style of ‘B.G.Garaiya Homeopathic Medical College’ for imparting higher cours
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....
The court emphasized the importance of considering the observations made by the hearing committee, interpreting and applying regulations correctly, and making decisions based on documentary evidence.
The authorities should consider the explanation and rectification of deficiencies by educational institutions and grant adequate time for addressing the deficiencies, especially in the context of ren....
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 ....
Point of Law : Regulation 3(2) with Regulation 9(2) of the Regulations, it is evident that there can be a faculty comprising of consultants who may be appointed on contract basis on part time or on c....
Regulation no.9 provides for requirements of college which prescribes that there shall be a minimum teaching faculty as per Schedule-IV for the course.
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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