Beehive Ayurvedic Medical College and Hospital and Anr v. Union of India and Anr

RAJIV SHAKDHER, J SEPTEMBER 12, 2019 A

Pg.1 of 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.09.2019 + W.P.(C) 8885/2019 & C.M. No.36655/2019 BEEHIVE AYURVEDIC MEDICAL COLLEGE AND HOSPITAL AND ANR. ..... Petitioners Through Mr. Saket Sikri, Mr. Vivek Singh, Ms. K. Gayatri and Mr. Abhinav Garg, Advs. versus UNION OF INDIA AND ANR. ..... Respondents Through Mr.Amit Anand, Adv for R-1. Ms.Archana Pathak Dave, Adv for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER JUSTICE RAJIV SHAKDHER (ORAL): Via this writ petition, the challenge is laid to the order dated 30.07.2019 passed by respondent No.1 i.e. Union of India (in short 'UOI'). 1.1 The petitioner had applied for permission to admit a third batch of students in the Bachelor of Ayurvedic Medicine & Surgery Under Graduate Course (in short 'BAMS UG Course') for academic sessions 2019-2020. 1.2 The petitioner was desirous of admitting 60 students for the aforementioned course. 1.3 Accordingly, an application in that behalf was filed with the concerned Ministry i.e. Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (in short 'Ministry of AYUSH'). The petitioner's Pg.2 of 11 application was, however, rejected by the Ministry of AYUSH on 05.06.2019. Being aggrieved, the petitioner moved this Court by way of a writ petition under Article 226 of the Constitution. This petition was numbered as W.P.(C) 7035/2019. 2.1 Pending the adjudication of the writ petition, the Central Council of Indian Medicine (in short 'CCIM') furnished a report on 24.07.2019 pursuant to an inspection of the Institute run under the aegis of the Petitioner. 2.2 In this writ petition i.e. W.P.(C) 7035/2019, an application was moved which was propelled by the conclusion reached by the CCIM in its report dated 24.7.2019. This application was disposed of by the Court on 29.07.2019. The learned Judge, in passing the order dated 29.07.2019, largely relied upon CCIM's report and, in particular, on certain pertinent observations made therein. 2.3 It would be relevant, therefore, to quote the operative part of the order dated 29.07.2019 which reads as under: "…Inter alia the prayer made by the petitioner is to the effect that the present petition be allowed to be treated as a representation made to the respondent no.1 qua which learned counsel for the respondent no.1 submits that there is no scope for any further hearing and to similar effect is the submission made on behalf of the respondent no.2. In as much as, it has been submitted on behalf of the respondent no.1 that the last date of according recognition to the institute for running the BAMS course is 31.07.2019 for the present academic year, in as much as the inspection report which has been placed on the record by the petitioner now with the Pg.3 of 11 present application, puts forth the assessment at paragraph 8.1 with the observations by the visitors to the effect:- "The college has good infrastructure. There are four lecture halls available in college Department of Sharir Rachna and Sharir Kriya and Maulik Sidhhanta are in developed stage. Sharir kriya lab is equipped with equipments and reagents. Concerned charts are displayed in the department. Department of Dravyaguna and Rog Nidan needs improvement. More specimens need to be added in the department of Rasa shastra. Department of Prasuti tantra and stri roga, Swasthvrita, kaumarbhritya and Agadtantra are in developing stage. Yoga halls exists and is functional. Teaching pharmacy and Drug testing lab are also in existence but needs improvement. Seating capacity in the library is adequate and the number of books is sufficient. Internet facility is available. Herbal garden is spread in a large area and there are sufficient number of placards which are displayed indicating name of herbs. Boys and girls hostel are available. Total number of teachers is 21 as per the attendance records, out of which one teacher AYURS0397 is on maternity leave. Three teachers have not been linked with the institution for this vi