IMPORTANT POINT
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.

JUDGMENT :

NIRZAR S. DESAI, J.

1. Today, this matter was listed before this Court for hearing at Sr. No. 276 and though, this Court usually takes-up the matters serial number-wise, even though, the priority may have been sought in such matters, considering the fact that there is urgency in this matter and as the petitioners are running against the time in view of the fact that Petitioner No.2-College, which is run by Petitioner No.1-Trust, is denied renewal of permission for imparting education for the first year course of Bachelor of Homeopathic Medicine and Surgery (in brief, ‘BHMS’) with an intake capacity of 60 seats for the Academic year 2024-2025 and as the deadline given by Respondent No.4-Admission Committee for Professional Undergraduate Medical Courses (‘ACPUMC’ herein after) for completion of admission process, which was extended vide communication of Respondent No.2-Commission dated 25.11.2024, is expiring on 20.12.2024, this matter was takenup for hearing out of turn in the second session today, i.e. on 18.12.2024, at about 04.25 p.m., at the joint request made by the learned Advocates for the parties.

2. Hence, RULE. Learned Advocate, Mr. Shah, waives service for Respondent No.1, learned Advocate, Mr. Shukla, waives for Respondent Nos. 2 and 3 and learned Advocate, Mr. Antani, waives for Respondent No.4.

3. The brief facts of the case as stated by learned Sr. Advocate, Mr. Dave, appearing with learned Advocate, Mr. Vyas, are as under;

Petitioner No.1-Trust runs Petitioner No.2-college and the present petition is preferred against the order dated 10.07.2024 passed by Respondent No.3-Board, the order dated 02.09.2024 passed by Respondent No.2-Commission and the order dated 29.10.2024 passed by Respondent No.1- Ministry of Ayush, whereby, the petitioner’s application for renewal of permission for imparting education for the first year for BHMS course, with an intake capacity of 60 seats for the Academic year 2024-2025, is rejected on the ground that Petitioner No.2 lacks certain basic and infrastructural facilities.

3.1 It was submitted by learned Sr. Advocate, Mr. Dave, that Respondent No.3-Board is empowered to consider such application and to take a decision thereon and Respondent No.2-Commission is the higher authority, before which the appeal against the order passed by Respondent No.3-Board shall lie, in case if, an applicant is aggrieved by any order passed by Respondent No.3-Board.

3.2 Learned Sr. Advocate, Mr. Dave, submitted that as Petitioner No.2-College has already been imparting education to the second and third year students of BHMS course at the very same campus, it made an application for renewal of permission for imparting education for the first year BHMS course, with an intake capacity of 60 seats, for the Academic year 2024-2025.

3.3 Pursuant to the application made by Petitioner No.2, a surprise inspection was carried out by Respondent No.3 on 25.06.2024 and 26.06.2024. Respondent No.3, thereafter, passed an order on 10.07.2024, whereby, it was observed that due to non-availability of teachers, poor functionality of teaching departments and poor quality of case records and data, genuine functionality of Petitioner No.2-College could not be established, as per the norms of MSR Regulations 2013 and thereby, the application of Petitioner No.2 for renewal was rejected by Respondent No.3-Board.

3.4 It was also stated by learned Sr. Advocate, Mr. Dave, that Petitioner No.2-College runs homeopathy college and at present, the first and the second batch of homeopathy students are studying in the second and the third years of BHMS course and therefore, there cannot be said to be any basic or infrastructural deficiencies in Petitioner No.2-college.

3.5 When, the petitioners assailed the aforesaid order by way of the First appeal and the Second appeal before Respondent No.2-Commission and Respondent No.1-Ministry of Ayush, the same came to be dismissed vide orders dated 02.09.2024 and 29.10.2024, respectively.

Hence