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 based on deficiencies observed during an inspection.

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 College on 30.04.2015 under Section 12 A of the Homeopathy Central Council Act, 1973 and permission was sought to start new college in the discipline of Homeopathy at the level of graduation with an intake on 100 seats on and from the Academic Year 2016-17.

3.4. The application of the petitioner College was declined by the order dated 19.10.2016 passed by the Central Government. The petitioner therefore approached to this Court and the Division Bench of this Court by order dated 08.03.2017 allowed the Letters Patent Appeal preferred by the petitioner quashing and setting aside the order dated 19.10.2016 passed by the Central Government.

3.5. By letter of permission dated 28.05.2019 for the Academic Year 2017-18 and by letter of permission dated 06.11.2018 for the Academic Year 2018-19 and by letter of permission dated 02.07.2019 for the Academic Year 2019-20, permissions were granted by the Ministry of Ayush, Central Government for admitting new students in the first year by the petitioner no.2-College.

3.6. For the Academic Year 2020-21, by order dated 28.01.2021 passed by the Director on behalf of the Central Government denied the permission to the petitioner no.2-College for admission of students for B.H.M.S. at an undergraduate level in respect of intake of 100 seats.

3.7. This Court by order dated 20.02.2021 in Special Civil Application No.3637 of 2021 granted interim relief whereby the order dated 28.01.2021 was stayed and the petitioner no.2-College was permitted to admit the students with an intake of 100 seats for Academic Year 2020-21, the said petition is pending for final hearing.

3.8. For the Academic Year 2021-22 by order dated 24.03.2022, Central Government confirmed the order dated 07.02.2022 passed by the National Commission for Homeopathy confirming the order dated 16.12.2021 passed by the Medical Assessment and Rating Board for Homeopathy reducing the intake capacity from 100 seats to 60 seats while granting extension of the permission for admission to the petitioner no.2 College.

3.9. The petitioner therefore being aggrieved by reduction of intake capacity preferred Special Civil Application No.3737 of 2022 before this Court and by judgment and order dated 31.03.2022, this Court allowed the said petition quashing and setting aside the orders passed by the respondent nos.1 to 3 with a direction to grant permission for admission with an intake capacity of 100 seats in B.H.M.S. Course in the petitioner no.2-College.

3.10. Thereafter it appears that on 03.09.2022 a surprise inspection was carried out by three members committee on behalf of the Medical Assessment and Rating Board for Homeopathy (For short “the Board”) for the Academic Year 2022-23 at the petitioner no.2-College and forwarded the report to the Board without providing a copy of the