Saraswati Education Soc Thr Its Authorized Representative v. Union Of India Thr Ministry Of Ayush And ORS

903. WP 4397.22.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4397 OF 2022 Saraswati Education Society Through its Authorized Representative ... Petitioner V/s.

Union of India Through Ministry of Ayush and Ors.

... Respondents Mr. I.K. Tripathi i/b. Akshay Kapadia for the Petitioner Mr. S.R. Ganbavale for the Respondent No.2 - NCISM Mr. S.B. Shetye for the Respondent No.4 - MUHS Mr. N.K. Rajpurohit, AGP for the State Mr. A.R. Gole a/w. Mr. R.V. Govilkar for Respondent No.1 CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.

DATE : 12 APRIL 2022 P.C. :- Heard the learned Counsel for the parties.

2.

The learned Counsel for the Petitioner does not press prayer clause (a). He seeks leave of the Court to amend the prayer clause (b). Leave is granted. Amendment to the prayer clause (b) be carried out forthwith.

903. WP 4397.22.doc 3.

Since the whole issue regarding grant of permission to the Petitioner to start a new Ayurvedic College has got stuck at the stage of issuance of no objection certificate and essentiality certificate as also consent of affiliation by Respondent Nos.3 and 4, it would be in the interest of justice that suitable directions are issued to the Respondent Nos.3 and 4 for deciding the applications made in this regard by the Petitioner.

4.

Accordingly, we direct the Respondent Nos. 3 and 4 to decide the applications of the Petitioner made for seeking no objection certificate/essentiality certificate and consent of affiliation, in accordance with law, within a reasonable period of time which may be not more than eight weeks from the date of receipt of copy of the order.

5.

We clarify that the Respondent No.2 would be at liberty to dispose of the pending applications filed in terms of the order of this Court dated 16 February 2022 in accordance with law. 6.

The Petition is disposed of in the above terms. No costs. G.A. SANAP, J.

SUNIL B. SHUKRE, J.

JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date: 2022.04.12 15:57:03 +0530