Hon’ble Dilip Gupta, J.—This petition, at the instance of Aligarh Ayurvedic Medical College, Anoop Shahar Road, Aligarh (hereinafter referred to as the ‘College’) and its Chairman, seeks the quashing of the order dated 7th September, 2011 passed by the Government of India, Ministry of Health and Family Welfare, Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) by which permission to the College for admitting 50 students to ‘Bachelor of Ayurvedic Medicines and Surgery’ Course (hereinafter referred to as ‘BAMS Course’) in the academic year 2011-12 has not been granted but time upto 31st December, 2011 has been provided to the College to remove the deficiencies noted in the order so that the Central Council for Indian Medicine, New Delhi (hereinafter referred to as the “CCIM”) could carry out inspection of the College during during the period 1st January to 29th February, 2012 for considering whether conditional permission could be granted for the next academic year 2012-13.

2. The order mentions that the College was also earlier, by the order dated 18th September, 2010, denied permission under Section 13-C of the Indian Medicine Central Council Act, 1970 (hereinafter referred to as the ‘Act’) to admit 50 students in BAMS Course in the academic year 2010-11 but in view of the directions contained in the said order, the CCIM suo moto visited the College on 28th/29th March, 2011 to re-assess the available facilities of teaching and practical training as also to verify the compliance report submitted by the College and thereafter furnished its report and recommendation to the Central Government by letter dated 25th May, 2011 for granting permission to admit 50 students in the BAMS course in the academic year 2011-12. The order further mentions that the Central Government, on examining the matter in the light of the approved norms, found that the College did not maintain some records and had not provided details of OPD/IPD documentation as was required as per the CCIM proforma and, therefore, the College was given an opportunity to appear before the designated Hearing Committee to show-cause why permission may not be denied and though the College through its representatives appeared before the Hearing Committee and made oral submissions against the shortcomings, but in view of the observations made by the Hearing Committee, it was clear that the College did not fulfill the eligibility conditions of having a genuine functional Ayurvedic Hospital with required daily average of 100 patients per day in OPD and 40% IPD bed occupancy during the year 2011.

3. It is for this reason that the Central Government decided not to grant permission to the College to admit 50 students to the BAMS course in the academic year 2011-12.

4. It, however, needs to be noticed that while rejecting permission for the academic year 2011-12, the Central Government also gave opportunity to the College to remove the deficiencies by 31st December, 2011 so that the CCIM could carry out inspection for granting permission for the next academic year 2012-13 and it has been stated in the rejoinder-affidavit filed by the petitioners that such permission was granted to the College by the Central Government for the academic year 2012-13 by the order dated 18th June, 2012 in view of the recommendations made by the CCIM after inspection on 7th/8th February, 2012 to re-assess the available facilities of teaching and practical training and to verify the compliance report submitted by the College.

5. It also needs to be noticed that though the impugned order mentions that the College had earlier been denied permission for the academic year 2010-11, but this order was assailed by the petitioners in Writ Petition No. 16785 of 2011 which was dismissed on 18th September, 2013 as having been rendered infructuous because permission was subsequently granted to the College for admitting 50 students in BAMS Course for the academic year 2010-11.

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