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.

JUDGMENT :

Heard learned Senior Advocate Mr.D.C.Dave with learned advocate Mr.Udayan P. Vyas for the petitioners, learned advocate Mr.Siddharth Dave for the respondent Nos.1,2,3 and 5, learned advocate Mr.K.M.Antani for the respondent No.4 and learned advocate Mr.A.R.Thacker for the respondent No.6.

1. Rule, returnable forthwith. Learned advocate Mr.Siddharth Dave waives service of notice of rule for the respondent Nos.1,2,3 and 5, learned advocate Mr.K.M.Antani waives service of notice of rule for the respondent No.4 and learned Advocate Mr.A.R.Thacker waives service of notice of rule for the respondent No.6.

2. With regard to the controversy arising in this petition in narrow compass, with the consent of the learned advocates for the respective parties, the same is taken up for hearing.

3. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs :

“(A)That, this Hon’ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding Respondent No.2 and Respondent No.3 herein to grant extension of permission to “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 with an intake of 100 seats for admission of students in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2021-22;

(AA)That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, one or direction commanding Respondent No.1 herein to grant extension of permission to “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 with an intake of 100 seats for admission of students in the discipline of Homoeopathy at the level of graduation leading to the Qualification of BHMS for the academic year 2021-22;

(B) That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction declaring an Order dated 24th March, 2022 passed by Central Government (Annexure “Q”) confirming an Order dated 7th February, 2022 (Annexure “L”) passed by National Commission for Homoeopathy confirming an Order dated 16th December, 2021 (Annexure “I”) passed by the Medical Assessment and Rating Board for Homoeopathy reducing the intake from 100 seats to 60 seats while granting extension of permission for admission to “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 in BHMS Course for the Academic Year 2021-22 as null, void, arbitrary, discriminatory and non-est thereby Violating Article.14 and Article.19(1)(g) of the Constitution of India and thereupon the same be quashed and set aside to that extent;

(C) That, this Hon’ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Admission Committee to include the name of “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 in the centralized process of admission for the academic year 2021-22 with an intake of 100 seats with a further direction to Saurashtra University to enroll students so admitted;

(D) That, pending admission, hearing and final disposal of this Petition, this Hon’ble Court be pleased to allow “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 to admit students with an intake of 100 seats to BHMS course for the Academic Year 2021-22 through the centralized process of admission undertaken by Admission Committee of the State with a further direction to Saurashtra University to enroll students so admitted on such terms and conditions as the Hon’ble Court may deem fit and proper;

(E) That, this Hon’ble Court be pleased to grant such further and other relief as the nature and circumstances of the case may require;

(F) That, this Hon’ble Court be pleas