The Ministry of AYUSH lacks authority under Section 12A of the Homeopathy Central Council Act to deny extension of approval to existing colleges despite compliance with new regulations, prioritizing student interests and educational continuity.

JUDGMENT :

NIRZAR S. DESAI, J.

1. In view of the fact that the amendment has been carried out and newly added Respondent Nos. 2A and 2B have already been joined as party respondents, rule is made returnable forthwith. Learned advocate Mr. Harsheel Shukla waives service of rule on behalf of newly added Respondent Nos. 2A and 2B.

2. Considering the fact that all these matters were heard together and relief was also granted in all these matters vide common oral order dated 25.11.2016, all these petitions were taken up together and are now being decided together.

3. Heard learned advocate Mr. Udayan P. Vyas for the petitioner, Learned advocate Mr. Ankit Shah for Respondent No. 1 in Special Civil Application No. 17011 of 2016, Learned advocate Mr. Sushil Shukla for Respondent No. 1 in the remaining matters, and Learned advocate Mr. Harsheel Shukla for newly added Respondent Nos. 2A and 2B.

4. By way of each of these petitions, the respective petitioners have prayed for almost identical reliefs and, hence, with the consent of the learned advocates for the parties, Special Civil Application No. 17011 of 2016 is treated as the lead matter and, accordingly, the prayers are incorporated from Special Civil Application No. 17011 of 2016, which read as under:

“(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 Respondents herein to grant extension of approval to Jawarharlal Nehru Homeopathic Medical College, being the constituent college of the Petitioner, for imparting education in the discipline of Homeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2016-17;

(B) That, pending admission, hearing and final disposal of this Petition, this Hon’ble Court be pleased to allow Jawaharlal Nehru Homeopathic Medical College being the constituent college of the Petitioner to admit students commence the academic sessions in the discipline of Homeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2016-17 on such terms and conditions as the Hon’ble Court may deem fit and proper;

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

(D) That, this Hon’ble Court be pleased to award the cost to this Petition.”

5. As far as the facts are concerned, learned counsel are in agreement that the facts of all these petitions were elaborately stated while passing the common oral order dated 25.11.2016 by the Co-ordinate Bench, which gives an overview of the issue in question and the nature of relief. Therefore, in view of the suggestion made by the learned advocates for the parties, instead of narrating lengthy facts, I propose to reproduce the order dated 25.11.2016 passed by the Co-ordinate Bench, which reads as under:

“1. All the captioned petitions which involve similar facts and common issue, were considered for admission as well as for interim relief, by hearing at length learned senior counsel Mr.Dhaval Dave with learned advocate Mr.Udayan Vyas for the petitioners, learned advocate Mr.Nikunt Raval for the first respondent-Union of India, Ministry of AYUSH and learned advocate Mr.Harsh Parekh for the Central Council of Homeopathy-the second respondent.

2. Each of the petitioner/petitioner college has been running the Homeopathy Course to impart the education in that discipline leading to the Graduate or Post Graduate, as the case may be, Degree of BHMS. Their common grievance is that the approval to the extension of course is denied by the first respondent, on the