IMPORTANT POINT
The judgment emphasizes the importance of fulfilling the infrastructure requirements for educational institutions and the need to consider the historical and cultural significance of the location for establishing such institutions.

JUDGMENT :

B. Pugalendhi, J.

(Prayer: Petition filed under Article 226 of the Constitution of India to modify the order dated 15.12.2020 made in WP(MD)No.5149 of 2019, enabling the petitioners to demolish the old building and to construct/renovate the new building, by lifting the prohibition order imposed on them for demolition and construction and to permit the activities to improve the infrastructure of the Government Siddha Medical College at Palayamkottai, Tirunelveli.)

1. This modification petition is filed by the petitioners/Government for modifying the order passed by this Court in WP(MD)No.5149 of 2019, dated 15.12.2020, in and by which, the petitioners have been prohibited from demolishing the existing buildings and other places of common amenities and constructing any new building at the Government Siddha Medical College, Palayamkottai, till such time, they establish a University for Indian Medicine at Chettikulam, Tirunelveli or any other place.

Background of the case:-

2. The Government Siddha Medical College at Palayamkottai is the first of its kind in Siddha medicine in India. The College was originally functioning at Courtallam and it was shifted to Palayamkottai in November, 1964, as a temporary measure. The College is having an intake capacity of 100 Students for Undergraduate and 60 Students for Postgraduate courses. The College is having a strength of 650 students.

3. The Indian Medicine Central Council Act was enacted in the year 1970 and as per Section 36 of the Act, certain regulations have been made fixing the minimum standard requirements for a Siddha College. As per the Indian Medicine Central Council (Minimum Standard Requirements of Siddha College and attached Hospitals) Regulations, 2013, the existing Siddha Colleges and new Siddha Colleges shall fulfill the minimum standard requirements of infrastructure, such as having not less than 5 acres of land for an intake capacity of 60 to 100 Students. The Siddha Medical College at Palayamkottai is not having the required land and therefore, the College is having their Hostel in a separate land 2 kms away from the existing premises. The main campus at Palayamkottai is with an extent of 4.91 Acres and the annex campus at Vannarapettai is with an extent of 1.67 Acres.

4. Apart from the above, the Siddha College also requires a Garden for medicinal plants to an extent of 4000 sq.metre (i.e., 2 Acres) for an intake of 60 Students and above. However, in the Palayamkottai campus, since the land available was only 4 acres, it lacks herbal garden, playground, auditorium for the Students. Therefore, during the year 2004, there was an agitation demanding necessary infrastructure.

5. The agitation of the Students drew the attention of the Government and they were assured that necessary infrastructure would be made available. The Government, in order to maintain the identity and high quality of medical education in Siddha Medicine and other Indian system of medicine and homeopathy; in order to develop the research facilities and to provide for advancement and dissemination of knowledge in the field of Siddha, Ayurveda, Yoga & Naturopathy, Unani, Homeopathy and also taking the Tamil medicine to international level among the scientific community and public, has also mooted a proposal in the year 2004 for establishing a separate University for Siddha and other systems of Indian Medicine.

6. In this regard, the Government has passed G.O.Ms.No.11, Health and Family Welfare Department, dated 14.01.2011, sanctioning the establishment of a separate University exclusively for Indian Medicine and Homeopathy. The Government has also passed G.O.Ms.No.38, Health and Family Welfare Department, dated 23.01.2012, sanctioning the creation of posts of Special Officer and other staff to enable the creation of such a University. However, nothing had happened towards the establishment of the University.

7. While so, during the year 2014, which also happens to be the Golden Jubilee Year of the Gover