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BHARGAV D. KARIA
Swarnim Startup And Innovation University – Appellant
Versus
Union Of India – Respondent
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 bri
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 ....
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.
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....
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....
Under compulsory EPF criteria at all as the employees draw salary much above Rs.15,000/. As far as ESI Act is concerned, the Act is not applicable to educational institutions in Gujarat. Even it is n....
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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