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2025 Supreme(RAJ) 898

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
SHRI SHIRDI SAI BABA AYURVEDIC COLLEGE AND HOSPITAL – Appellant
Versus
UNION OF INDIA – Respondent
CW / 14234 / 2024



Advocates:
Mr. P.P. Choudhary, Sr. Advocate, through VC assisted by Mr. Sanjeet Purohit & Mr. Madhav Vyas. Mr. Sunil Joshi with Mr. O.P. Soni Mr. N.S. Rajpurohit, AAG assisted by Ms. Ruchi Parihar Mr. Mukesh Rajpurohit, Dy. S.G. assisted by Mr. Prakash Raika Mr. Muktesh Maheshwari Mr. Sunil Purohit.

The court mandated that the State Government must expeditiously consider the petitioner's application for NOC to increase BAMS seats, ensuring compliance with regulatory standards.

Headnote:(A) National Commission for Indian System of Medicine (Minimum Essential Standards, Assessment and Rating for Undergraduate Ayurveda College and Attached Teaching Hospitals) Regulations, 2024 - Writ petition for increase of seats in BAMS course - Petitioner's request for NOC to increase intake capacity from 50 to 60 seats pending with the State Government - Court directed that the State Government consider the application expeditiously, preferably within six weeks, and if the NOC is granted, the University shall process the affiliation application within two weeks. (Paras 3, 7, 9, 11)

(B) Administrative procedure - The court emphasized the necessity for timely decisions regarding applications for educational institutions to ensure compliance with regulatory standards and to facilitate the functioning of academic programs. (Paras 4, 5, 6)

Order :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the following prayers:-

“I. The respondent authorities may be directed to issue necessary NOC/Affiliation/Permission for increase of the seats/intake capacity for BAMS course from 50 to 60 in the petitioner-college, in a time bound manner.

II. The respondent authorities may kindly be directed to give permission to the petitioner-college to intake 60 students in BAMS course.”

3. Learned counsel for the petitioner submits that the petitioner has approached the State Government by way of filing an appropriate application for grant of ‘No Objection Certificate’ for increase in seats from 50 to 60 for Bachelor of Ayurvedic Medicine and Surgery (BAMS) course in the petitioner-College and the same is pending consideration with the State Government. Learned counsel further submits that inspection for the said purpose has already been conducted by the functionaries of the State Government. He, therefore, prays that the case of the petitioner for grant of NOC for intake of 60 students may be directed to be decided at the earliest. Learned counsel further prays that if the petitioner gets the NOC for 60 seats, then the respondent No.5- Dr. Sarvapalli Radhakrishnan Rajasthan Ayurved University, through its Registrar, Nagaur Road, Karwad, Jodhpur may be directed to consider its case for grant of affiliation too at the earliest.

4. Learned counsel for the petitioner also submits that if the NOC and affiliation are not granted by the respondent authorities, the petitioner-College is not in a position to submit an appropriate application before the respondent Nos.1 to 3 for grant of permission to undertake 60 students for imparting education to the Bachelor of Ayurvedic Medicine and Surgery (BAMS) course. He, therefore, prays that the respondent Nos.4 and 5 may be directed to do the needful at the earliest and grant NOC and affiliation to the petitioner-College.

5. Learned counsel for the respondents- State and University submit that the application of the petitioner for increasing the number of seats from 50 to 60 will be dealt with and considered expeditiously and if the inspection has not been done so far, the same will be conducted very shortly by the competent authorities of the respondents. They further submit that after getting the report of the Inspectors concerned, the application of the petitioner for grant of NOC will be considered.

6. Learned counsel for the University submits that if the NOC is granted by the State Government, the case of the petitioner for grant of affiliation will be considered and decided expeditiously after depositing the requisite fees and submitting other relevant documents before the University by the petitioner-College.

7. Considering the submissions made before this Court, the present writ petition is disposed of with a direction to the State Government to consider the case of the petitioner for grant of NOC at the earliest, preferably within a period of six weeks from the date of receipt of certified copy of this order, strictly in accordance with law.

8. It is also ordered that if the inspection of the petitioner- College had already been conducted, then further process for grant of NOC for the academic session 2025-26 will be undertaken by the State Government. If the inspection has not been conducted, the same shall be conducted expeditiously in order to arrive at final conclusion for grant of NOC within a period of six weeks from today.

9. If the case of the petitioner for grant of NOC is decided in favour of the petitioner-College, the petitioner-College shall be at liberty to approach the respondent- University by way of fling an appropriate application and requisite documents for grant of affiliation and the respondent- University shall undertake the process for grant of affiliation to the petitioner-College. The same shall be done by the respondent- University within a period of two weeks from the date of rec

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