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BHARGAV D. KARIA
Limbdi Vikas Trust – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned advocate Mr. Harsheel D. Shukla waives service of notice of rule on behalf of respondent nos.2 and 3 and learned advocate Ms. Krishna Raval waives service of notice of rule on behalf of respondent no.1.
2. By this petition under Article 226 of the Constitution of India, the petitioners have challenged three orders passed by the respondent no.3-Medical Assessment And Rating Board, respondent no.2-National Commission for Homeopathy and respondent no.1-Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH) rejecting the application of the petitioner to permit admission of the students for the Academic Year 2022-23.
3. The brief facts of the case are as under:
3.1. The petitioner no.1 is formed and registered as Public Trust on 30.04.1999 under the Provisions of Bombay Public Trusts Act, 1950.
3.2. The petitioner no.1-Trust is running and managing Homeopathic Medical College under the name and style of “Limbdi Homeopathic Medical College and Hospital” at Limbdi that is petitioner no.2 herein. The petitioner no.2-College is affiliated with Saurashtra University.
3.3. The petitioner no.1 established a new Homeopathy Colle
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 ....
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 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 court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
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 ....
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....
Compliance with prescribed norms and minimum standards set by the Homoeopathy Central Council Act 1973 is essential for obtaining permission for admission in medical courses.
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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