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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
Swarnim Startup And Innovation University – Petitioner
Versus
The Union Of India – Respondent
R/Special Civil Application No. 4709 Of 2022 with Civil Application (For Modification Of Order) No. 2 of 2022
Decided On : 13-04-2022
Homeopathy College - Reduction of Intake Capacity - MSR 2013, Schedule-IV - The court allowed the petition, quashed and set aside the orders reducing the intake capacity from 100 to 60 seats, and directed the renewal permission for the Academic Year 2021-2022 with intake capacity of 100 seats.
Fact of the Case:
The petitioner, a private University running a Homeopathic College, filed a petition under Article 226 of the Constitution of India to challenge the reduction of intake capacity from 100 to 60 seats for the Academic Year 2021-2022. The College was denied renewal of permission for the previous academic year but was granted permission after a court order. The College submitted the required forms for renewal for the Academic Year 2021-2022 and attended a hearing to represent its case.
Finding of the Court:
The court found that the deficiencies pointed out by the authorities did not refer to the teaching staff as required by Schedule-IV of the MSR 2013. The court also noted that the College had explained and rectified the deficiencies, and the authorities should have granted adequate time for the College to address the deficiencies.
Issues: The main issue was the reduction of intake capacity from 100 to 60 seats for the Academic Year 2021-2022 based on deficiencies pointed out by the authorities.
Ratio Decidendi: The court held that the authorities should have considered the explanation and rectification of deficiencies by the College and granted adequate time for the College to address the deficiencies. The court also emphasized the distinction between the process of decision making for grant of initial permission and renewal permission for educational institutions.
Final Decision: The court allowed the petition, quashed and set aside the orders reducing the intake capacity from 100 to 60 seats, and directed the renewal permission for the Academic Year 2021-2022 with intake capacity of 100 seats.
JUDGMENT :
1. Heard learned Senior Advocate Mr.D.C.Dave with learned advocate Mr.Jigar M. Patel for the petitioner and learned advocate Mr.Ankit Shah for the respondent Nos.1 to 3.
2. Learned Senior Advocate Mr.D.C.Dave has tendered a draft amendment dated 13.04.2022. The same is allowed in terms of the draft. To be carried out forthwith.
3. Rule, returnable forthwith. Learned advocate Mr.Ankit Shah waives service of notice or rule on behalf of the respondent Nos.1 to 3.
4. The petitioner has filed this petition under Article 226 of the Constitution of India for quashing and setting aside three orders dated 08.12.2021 passed by the Medical Assessment and Rating Board for Homeopathy reducing the intake capacity to 60 seats from 100 seats for Under Graduate (BHMS) Course for the Academic Year 2021-2022, the order dated 3rd February, 2022 passed by the Secretary of National Commission for Homeopathy confirming the order dated 08.12.2021 and order dated 29th March, 2022 passed by the Director of Ministry of Ayush confirming the orders passed by the Board as well as the Commission.
5. The brief facts of the case are as under :
5.1. The petitioner is a private University running the College in the name of Arihant Homeopathic Medical College and Research Institute (for short ‘the College’). The College is engaged in imparting education in discipline of Homeopathy at the level of Graduation leading to the qualification of BHMS. The College was established in the Academic Year 2017-2018 with the intake capacity of 100 seats.
5.2. The permission granted to the College came to be extended for the subsequent years and the last extension of permission was granted vide order 02.05.2019 with intake capacity of 100 seats for Academic Year 2019-2020.
5.3. The College was denied renewal of permission for Academic Year 2020-2021 and therefore, the petitioner preferred Special Civil Application No.2803 of 2021. This Court vide order dated 20th February, 2021 allowed the Writ Petition directing the respondents to issue letter of permission to the College for Academic Year 2020- 2021 with intake capacity of 100 seats.
5.4. The College submitted Standard Information Form (Part-I) on the designated portal of the earstwhile Central Council of Homeopathy on 15th June, 2021 for the renewal of permission for the Academic Year 2021-2022.
5.5. On 05.11.2021, the Medical Assessment and Rating Board for Homeopathy and National Commission for Homeopathy (for short ‘the Board’) issued the show-cause notice dated 05.11.2021 calling upon the College to attend the hearing through video conference on 09.11.2021 before hearing committee of the Board to represent its case for grant of renewal of permission with intake capacity of 100 seats of the College for Academic Year 2021-2022.
5.6. The show-cause notice issued to the petitioner contained various deficiencies which were explained by the College.
5.7. The show-cause notice dated 05.11.2021 was received by the College on 08.11.2021 and request was made through Email for differing the hearing to another date which was granted and the hearing fixed, was extended to 15.11.2021.
5.8. On 15.11.2021, the petitioner filed detailed written submissions explaining that no deficiency as noted in the show-cause notice existed in the set up of the College. The reply and written statements were also accompanied with the supporting documents.
5.9. The Board granted renewal permission to the College by order dated 08.12.2021 reducing intake capacity to 60 seats from 100 seats.
5.10. The petitioner therefore being aggrieved and dis-satisfied by order dated 08.12.2021 preferred an Appeal under Section 24(3) of the National Commission for Homeopathy Act, 2020 (for short ‘the Act, 2020’) before the National Commission for Homeopathy (for short ‘the Commission’).
5.11. The Commission passed an order dated 3rd February, 2022, rejecting the Appeal file
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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 importance of reasonable decision-making and the need for compliance with regulations in denying permission to educational institutions.
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