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R. SUBBRAMANIAN
Lord Balaji Educational & Charitable Trust Rep. by its Chairman, Dr. S. Rajamanickam, Salem – Appellant
Versus
Government of India Rep. by its Secretary, Ministry Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy [AYUSH], New Delhi – Respondent
JUDGMENT
(Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the impugned order of the 1st respondent, Ministry of AYUSH in F.No.R.17014/164/2013-EP[H]-[Part ] dated 26.10.2016 denying permission for undertaking admission of students by the petitioner college [Dr.Hahneman Homeopathy Medical College and Research Centre, Koneripatty Panchayat, Rasipuram Taluk, Namakkal District] for undergraduate BHMS Degree course for the academic year 2016-2017, quash the same and direct the 1st respondent Ministry of AYUSH to grant permission to the petitioner College [Dr.Hahneman Homeopathy Medical College and Research Centre, Koneripatty Panchayat, Rasipuram Taluk, Namakkal District] admit students for the approved strength of students for BHMS Degree Course for the academic year 2016-2017 and future academic years.)
1. The challenge in this writ petition is to the order of the Central Government dated 26.10.2016 prohibiting the petitioner from admitting students for the BHMS course for the Academic Year 2016-17 on the ground that the petitioner does not comply with the HCC (MSR) Regulations, 2013.
2. The
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 ....
The court emphasized the importance of considering the observations made by the hearing committee, interpreting and applying regulations correctly, and making decisions based on documentary evidence.
Institutions are not entitled to admit students without valid permission from statutory authorities, and no statutory provision empowers institutions to grant provisional permission to admit students....
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
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