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ANUPINDER SINGH GREWAL, KIRTI SINGH
National College of Ayurveda & Hospital – Appellant
Versus
Union of India – Respondent
JUDGMENT
Kirti Singh, J.
The petitioner-college is an educational institute established in the year 2013 and offers courses on Ayurveda including BAMS (Bachelor of Ayurveda Medicine and Surgery). The petitioner-college is approaching this Hon'ble High Court by way of instant civil writ petition under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the impugned order dated 21.08.2023 (Annexure P25) passed by respondent No.3 vide which it was held that 07 teachers were working only on paper, impugned letter dated 06.09.2023 (Annexure P45) vide which respondent No.3 granted conditional permission to the petitioner-college for 60 seats instead of 100 in UG (BAMS) course for the academic session 2023-24 as well as impugned order dated 29.09.2023 (Annexure P49) passed by respondent No.2 vide which the appeal dated 31.08.2023 filed by the petitioner-college was rejected and impugned dismissal letter of second appeal dated 07.11.2023 (Annexure P68) passed by respondent No.1 dismissing the second appeal/representation dated 30.09.2023 filed by the petitioner-college against impugned order dated 29.09.2023 passed by respondent No.2.
Fac
The court emphasized the necessity of fair hearings and proper consideration of evidence in regulatory decisions affecting educational institutions, ruling against arbitrary penalties and restriction....
The court emphasized the need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine ....
Decision of Executive Committee of this Council was based on documents submitted by college in Part 1 information and documents available for teacher code. On examining documents submitted at time of....
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
Regulation no.9 provides for requirements of college which prescribes that there shall be a minimum teaching faculty as per Schedule-IV for the course.
The court emphasized that denial of renewal of educational permission without providing an inspection report and opportunity to rectify deficiencies violates principles of natural justice.
Point of Law - As per Section 35 of the Hemchandracharya North Gujarat University Act, Rules and Statute, the power to deny the affiliation is not with the University and the Executive Committee coul....
Point of Law : Regulation 3(2) with Regulation 9(2) of the Regulations, it is evident that there can be a faculty comprising of consultants who may be appointed on contract basis on part time or on c....
When public interest is involved, facts emerging from subsequent events can be looked into to support an administrative order.
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