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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Shreyaan-Ishaan Educational Society – Appellant
Versus
Union Of India Rep. By Ministry Of Ayush, Rep. By Its Secretary – Respondent
| Table of Content |
|---|
| 1. background of writ petition and college operation issues. (Para 1) |
| 2. respondents' response and findings on deficiencies. (Para 2) |
| 3. hearing requirements and procedural aspects. (Para 3 , 4 , 5) |
| 4. claims of discrimination and mechanical order issues. (Para 6 , 7) |
| 5. critical assessment of deficiencies impacting education quality. (Para 8 , 9 , 10) |
| 6. court’s determination to dismiss the petition. (Para 11) |
| 7. final conclusion and order. (Para 12 , 13) |
ORDER :
NAGESH BHEEMAPAKA, J.
Brief facts of the case are the 1st petitioner is a registered society under the provisions of the Public Society Registration Act, 2001 and it established the college of the 2nd petitioner for running Homeopathy College for Undergraduate courses and has been running the same for the last eight academic years, i.e. from 2017-18. Initially, the 2nd petitioner college was granted 100 seats for UG BHMS Course vide proceedings No.F.No.R.12014/20/2016(EF(H) dated 15-9-2017 by the 1st respondent. It is stated, petitioners earned good reputation in their field by fulfilling the needs of the rural students and by maintaining the standards as prescribed by the 1st respondent and claimed that though all
Personal hearings are not mandated under the National Commission of Homeopathy Act; educational institutions must meet adequate facility standards for student competency.
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....
Under compulsory EPF criteria at all as the employees draw salary much above Rs.15,000/. As far as ESI Act is concerned, the Act is not applicable to educational institutions in Gujarat. Even it is n....
The court emphasized the importance of proper consideration of the petitioner's submissions and the provision of the inspection report for a fair decision.
Judicial review under Article 226 is supervisory, not appellate; courts should not substitute decisions of expert bodies unless arbitrariness or illegality is evident.
The importance of providing proper opportunity of hearing and access to inspection reports before making decisions on permission for educational institutions.
The court emphasized the importance of reasonable decision-making and the need for compliance with regulations in denying permission to educational institutions.
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....
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.
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