IMPORTANT POINT
– Only experts can judge whether a particular Institution fulfilled necessary criteria for being eligible to conduct classes in concerned discipline or not.

COD No.1390/2015

Ali Mohammad Magrey, J.—Applicant–Union of India has filed the instant Condonation of Delay application, seeking condonation of 71 days delay in filing of Letters Patent Appeal against the Judgment and final order passed by the learned Single Judge (Hon’ble Mr. Justice Hasnain Massodi) on 01.07.2015 in OWP No. 1479/2011 titled Kashmir Tibia College Vs. Union of India and Ors., on the ground detailed out in the Condonation of Delay application.

2. Applicant–Union of India has shown sufficient cause forming basis for Condonation of Delay, therefore, the application deserves to be allowed.

3. On the set of facts and grounds urged coupled with the submissions made at Bar, the instant Condonation of Delay application is allowed and delay of 71 days is condoned.

COD disposed of.

LPA No.161/2016

1. This Letters Patent Appeal has been preferred against the Judgment and final order dated 01.07.2015, passed by the learned writ Court in OWP No. 1479/2011 titled Kashmir Tibia College Vs. Union of India and Ors., allowing the writ petition, with the prayer for setting aside the same.

2. Before adverting to the grounds of challenge raised by the appellant-Union of India, it shall be appropriate to give brief resume of the facts as under:—

Brief Facts:

3. Respondent-petitioner college is set up by New Kashmir Educational Society-a Society registered under Societies Registration Act. It is registered with Central Council of Indian Medicine (CCIM) in terms of Indian Medicine Central Council Act. It has been admitting students for BUMS course with effect from 1996-97. In terms of Section 13C, Indian Medicine. Central Council Act, respondent-petitioner College is to get permission to make admission to an academic session, annually from Ministry of Health and Family Welfare, Department of AYUSH. The Act was amended in the year 2003, and Section 13C introduced. The amended provision regulates permission granted to existing and new professional colleges. Admissions are made by Jammu and Kashmir Board of Professional Entrance Examination (BOPEE). The Board, after results of 10+2 examinations, conducted by J&K Board of School Education are declared, conducts Common Entrance Test (CET), to make admission to different Professional Colleges, including respondent-petitioner College.

4. The Board, as usual, made admission to different professional courses for various colleges as well as respondent-petitioner College for academic session 2011-12.

5. Government of India, Ministry of Health and Family Welfare, Department of AYUSH, on 25th October, 2011, prohibited respondent-petitioner college from making admission to BUMS course for academic session 2011-12. The order was made against backdrop of deficiencies identified by (CCIM) detailed in the order. The order dated 25th October, 2011, passed by the Government of India Ministry of Health and Family Welfare, Department was challenged by the respondent-petitioner college in writ petition being OWP No. 1479/2011, besides other grounds on the ground that while the matter was pending before the CCIM/Central Government, BOPEE continued with its admission process for the year 2011-12. After conducting examinations and based on merit and choice of the candidates, BOPEE for the current year 2011-12, selected 30 students for the respondent-petitioner college vide notification Nos. (i) 32-BOPEE of 2011 Dated 03.07.2011, (ii) 53-BOPEE of 2011 dated 11.09.2011, (iii) 50-BOPEE of 2011 dated 29.09.2011, (iv) 67-BOPEE of 2011 and (v) BOPEE notice dated 29.10.2011. In response to the said notifications 30 candidates were selected who had opted to take up the BUMS Course for the respondent-petitioner college, reported to the College between 03.07.2011 to 29.10.2011. After all the formalities were completed, the session was started by the College in accordance with the Calander fixed in this behalf by the competent authority. Besides the admission of 30 students, respondent No. 6 also granted admis