VINOD K.SHARMA
The Secretary To Government Health And Family Welfare Department – Appellant
Versus
The Secretary To Government Dept Of Ayush Govt Of India – Respondent
1. The State of Tamil Nadu being aggrieved by the order passed by the Under Secretary to the Government of India, exercising powers of Central Government under Indian Medicine Central Council (IMCC) Act, 1970, has approached this Court with a prayer for issuance of a writ in the nature of certiorari.
2. The Central Council of Indian Medicine (CCIM), suo-moto visited the college run by the State Government on 30.5.2011 to assess the available facilities of teaching and practical training as well as to verify the compliance report submitted by the College and furnished its report and recommendation to the Central Government vide letter F.No.4-132/ 2011 - Ay dated 30.5.2011. The CCIM forwarded the recommendation and report to the Department for granting conditional permission for Under Graduate Course and Post Graduate Course for the academic year of 2011-12.
3. On receipt of the recommendation and visitation report, a show cause notice was issued to the petitioner. Thereafter, in exercise of statutory powers under the Act, the Central Government passed an order. The main part of the order passed by the first respondent reads as under:-
"NOW, THEREFORE, in view of the shor
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