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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 22^nd July, 2021

Decided on: 03^rd August, 2021

+

W.P.(C) 1846/2021

CAREER CONVENT EDUCATIONAL AND

CHARITABLE TRUST

..... Petitioner

versus

UNION OF INDIA & ANR

..... Respondents

+

W.P.(C) 1923/2021 & CM APPL. 5603/2021

SHANTI NIKETAN TRUST

..... Petitioner

versus

UNION OF INDIA & ANR

..... Respondents

+

W.P.(C) 1924/2021

K.L.SHASTRI SMARAK SANSTHAN

..... Petitioner

versus

UNION OF INDIA THROUGH

ITS SECRETARY & ANR.

..... Respondents

Present:-For Petitioners

Mr. Abhijit Mittal, Ms. Nandini Aishwarya and Mr. Bhav

Arora, Advocates in W.P.(C) 1846/2021 & W.P.(C)

1924/2021.

Mr. Akshay Bhatia, Advocate in W.P.(C) 1923/2021.

For Respondents

Ms. Monika Arora, CGSC with Mr. Shriram Tiwary,

Advocate for UOI in W.P.(C) 1846/2021.

Mr. Sushil Kumar Pandey, Senior Panel Counsel with

Mr. Jitendra Kumar Tripathi, GP for UOI in W.P.(C)

1923/2021.

2021:DHC:2290

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Mr. Vijay Joshi & Mr. Sahaj Garg, Advocates for UOI in

W.P.(C) 1924/2021.

Ms. Archana Pathak Dave, Advocate with Mr. Parmod

Kumar Vishnoi, Mr. Kumar Prashant and Ms. Vanya

Gupta, Advocates for CCIM in all three petitions.

%

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

J U D G M E N T

The proceedings in the matter have been conducted through

video conferencing.

1.

These three petitions are directed against orders of the Union of

India [hereinafter, “UOI”] rejecting applications made by the

petitioners for permission to establish new Ayurveda medical colleges

under Section 13A of the Indian Medicine Central Council Act, 1970

[hereinafter, “the Act”]. As the three petitions raise substantially

similar legal issues, they have been taken up for hearing together and

are disposed of by this common judgment.

I.

Background and regulatory provisions

2.

The issue in these petitions revolves around the documentation

required to be submitted alongwith an application under Section 13A

of the Act.

3.

Section 13A deals with permission for establishment of a new

medical college or a new course of study. It requires previous

permission of the Central Government to be obtained. The Central

Government, upon receipt of an application under Section 13A, refers

it to the Central Council of Indian Medicine [hereinafter, “CCIM”] for

2021:DHC:2290

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its recommendation, and may approve or disapprove after obtaining

the recommendation of the CCIM.

4.

The Establishment of New Medical College, Opening of New

or Higher Course of Study or Training and Increase of Admission

Capacity by a Medical College Regulations, 2019[hereinafter, “the

Regulations”] were framed on 11.07.2019, in exercise of the

regulation making power conferred by Section 36 of the Act. The

Regulations require submission of various documents alongwith the

application under Section 13A, including a No Objection Certificate

[hereinafter, “NOC”] from the State Government, and a Consent of

Affiliation [hereinafter, “COA”] from the affiliating university of the

proposed college. These are to be in Form-4 and Form-5 appended to

the Regulations, respectively.

5.

Regulations 6(1)(c), 6(1)(d) and 7(1) are relevant for

adjudication of these petitions:

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Government.”

6.

Although August 31 is normally the last date for submission of

applications under Section 13A in respect of permissions for the

following year, in view of the Coronavirus pandemic, the UOI

extended the last date for submission of applications for the year

2021-22 until 30.09.2020.

II.

Facts

A.W.P.(C) 1846/2021

7.

The petitioner, Career Convent Educational and Charitable

Trust [hereinafter, “CC Trust”] first set up an Ayurvedic medical

college and research centre in the year 2016. It obtained an NOC from

the State of Uttar Pradesh and a Consent of Association from

Lucknow University [hereinafter, “the University”] on 11.05.20