Gondia Homeopathic Education Soceity, Gondia Thr. Its Secretary And Another v. Union Of India, Thr. Its Secretary, Ministry Of Ayurveda, Yoga And Naturopathy, New Delhi And ORS

2023:BHC-NAG:14248-DB 913wp7388.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7388/2018 Gondia Homeopathic Education Society, Gondia And Another Vs Union Of India and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.N., Tapadia, counsel for petitioners.

Mr. N.S.Rao, AGP for respondent No.2/State.

Mr. A. Deshpande, counsel for respondent No.4. Mr. N.S.Deshpande, DSGI for respondent Nos.1, 3 and 5.

CORAM

: AVINASH G. GHAROTE & URMILA JOSHI-PHALKE, JJ DATED : 26/09/2023.

1.

Heard.

2.

The only issue is regarding the approval for the academic session 2017-18 on the ground, that there were certain deficiencies found in inspection. It is an admitted position, that in an earlier challenge before this Court in Writ Petition No. 6552/2017, by an interim order dated 13/10/2017, the petitioners were permitted to admit students, in pursuance to which, 29 students have been admitted. The results of the students which were withheld have also subsequently been declared, on account of the order of this Court in this petition dated 30/10/2018. It is also an admitted situation, that for the subsequent rkn

913wp7388.18.odt academic sessions, the Respondents have granted approval for the purpose of admitting students, which would indicate that deficiencies which were earlier pointed out were cleared, and there is no dispute that approval have been granted till date. Therefore, we do not see any reason for the respondents to withhold the permission for the academic session 2017-2018, more so in a situation where the students have now already passed and are reported to be doing their internship.

3.

We, therefore, allow the petition by directing the respondent No.5 to grant permission to admit the students, in Petitioner No.2/Institution for the academic session 2017-18, post facto.

4.

The communication dated 15.3.2018 by the respondent No.1 as a result stands quashed and set aside. 5.

The petition is accordingly allowed in the above terms. No costs.

JUDGE JUDGE rkn