This intra-Court appeal is directed against the

order dated 30.8.2021 passed by the learned Single

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Judge in W.P.No.4013/2021, whereby the writ petition

filed by the appellant herein has been dismissed.

2.

The

appellant/petitioner

institution

was

granted with the recognition for the 1^st year Bachelor of

Ayurvedic Medicine and Science (BAMS) with an intake

of 60 students by the respondent No.1 vide order dated

16.08.2017. The affiliation was accorded for the

academic year 2017-18 by the Rajiv Gandhi University

of Health Sciences 3 respondent No.3 on 06.10.2017.

For the succeeding academic years i.e., 2018-19 and

2019-20, the recognition orders were passed, the

affiliation has also been granted till the academic year

2019-20. The appellant as per the communication dated

06.03.2020 made to the respondent No.2 3 Central

Council

of

Indian

Medicine

(CCIM)

sought

for

permission to close down the institution. Subsequently,

a representation dated 12.09.2020 was made to the

CCIM to permit the appellant to submit the Part - I

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visitation proforma and enable the appellant to seek

permission for the continuation of the course for the

academic year 2020-21 which was placed before the

Board of Governors of CCIM. The said Board decided to

consider the grant of permission for the academic year

2021-22.

Government

of

India

based

on

the

recommendation of CCIM has passed the order dated

05.02.2021

denying

the

permission

for

taking

admission to UG (BAMS) course with 60 seats for the

academic session 2020-21 and decided that the

requirements if fulfilled by the appellant college by

31.12.2020 and the same will be examined by the CCIM

for considering the permission for academic year 2021-

22. Being aggrieved by the said order, the appellant

preferred

W.P.No.4013/2021,

which

came

to

be

dismissed. Hence, this writ appeal.

3.

Learned

Senior

counsel

Sri.

D.R.

Ravishankar representing the appellant submitted that

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the grant of permission is regulated under Section 13A

of the Indian Medicine Central Council Act, 1970 (8Act9

for short) and the Minimum Standard Requirement

Regulations are framed from time to time. Section 13A

of

the

Act

contemplates

about

the

scheme for

commencement of the medical college and upon the

recommendation of the CCIM, orders shall be passed.

Relying upon the requirement of Minimum Standard

Regulations, 2016 (8Regulations9 for short), learned

Senior

counsel

argued

that

the

procedure

as

contemplated under the Regulations having not been

followed for refusing to grant permission is an incurable

legal infirmity. The requirements to be fulfilled in terms

of Regulation 3 of the Regulations having been

prescribed while granting permission for the academic

session 2019-2020, the refusal to grant permission for

admission for the academic session 2020-2021 could

not be justified unless an inspection was conducted in

terms of Regulation 3. Emphasizing on Regulation

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3(1)(b), learned Senior counsel submitted that it was

obligatory on the part of the Central Council to visit the

college suo-moto three months before the expiry of

permission.

4.

It

was

further

submitted

that

the

requirement as per Regulation 3(1)(c) is to upload the

proforma of visit as prescribed by the Central Council

on its website by the colleges and visitors respectively

followed by the submission of a hard copy of the same

as per visitors guidelines issued by the Central Council

from time to time. The reason assigned for denial

inasmuch as non submission of Part 3 I visitation

proforma

was

wholly

erroneous

since

no

such

requirement was prescribed in the Regulation, filing of

Part 3 I proforma is not a mandatory requirement. Thus,

the learned Senior counsel placing reliance on the

wednesbury9s principles submitted that when the law

requires things to be done in particular manner, it

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should be done in that manner or not at all. Learned

Senior counsel has placed reliance on the following

judgments:-

1) Indian

Bank9s

Association

vs.

Devkala

Cons