Adarsh Bahu-Uddeshiya Shikshan Prasarak Mandal, Thr. Secretary, Somesh U. Lahoti And ANR. v. U.O.I., Thr. Secy., Ministry Of Ayurveda, Yoga And Naturopathy, New Delhi And ORS.

2025:BHC-NAG:90-DB 1 1wp8038.2025..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 8038 OF 2025 (Adarsh Bahu Uddeshiya Shikshan Prasarak Mandal, Sultanpur, and anr Vs. Union of India and others ) - - ---------------------------- - - - - - - - - - -------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - ---------------------------- - - - - - - - - - -------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. F.T. Mirza, Senior Advocate a/b Mr. Anand Deshpande, Advocate for petitioners. Mr. D.V. Chavan, Senior Advocate/GP a/b Mr. N.S. Rao, AGP for respondent Nos. 5 & 6 Mr. C.J. Dhumne, Advocate for respondent No. 1. Mr. N.C. Phadnis, Advocate for respondent Nos. 2 and 3 Mr. N.D. Thombre, Advocate for respondent No. 4 Mr. N.A. Gaikwad, Advocate for respondent No. 5. CORAM : ANIL S. KILOR & RAJNISH R. VYAS,JJ. DATED : 19-12-2025.

Heard.

2.

The order dated 10.9.2025 denying permission to the petitioner No. 2 college to admit the students is under challenge in this petition.

3.

Admittedly, the inspections carried out on 24.3.2025 and 25.3.2025 was resulted in issuing show cause notice dated 25.7.2025 pointing out the deficiencies in respect of shortage of teaching staff, which was replied on 26.7.2025 pointing out removal of such deficiencies. Despite this, re-inspection was carried out on 3.9.2025 but this time not for the purpose to verify the compliance report of the petitioners but such revisit was in view of some alleged complaints. The report of such visit or the deficiencies, if any, noticed during the said visit was never communicated to the petitioners or no hearing or show cause notice was issued to the petitioners, in compliance with the National Commission for Indian System of Medical, Notification dated 1.5.2024, more particularly, clause 55(14). Belkhede, PS

2 1wp8038.2025..doc 4.

In the circumstances, since the above stated facts are admitted facts and since no notice or hearing was granted in view of the inspection carried out on 3.9.2025, any deficiencies noticed during that visit or inspection cannot be the ground for passing the impugned order denying permission to the petitioner to admit the students. Thus, on this ground alone, the impugned order dated 10.9.2025 needs to be quashed and set aside. Accordingly, we quash and set aside the order dated 10.9.2025 by allowing this petition. Petition is disposed of.

5.

Learned counsel for respondents to communicate this order to the respective respondents and authorities to enable the petitioners to admit the students, as 20.12.2025 is the last date for admission of the students.

6.

Steno copy granted.

(RAJNISH R. VYAS, J) (ANIL S. KILOR, J) Belkhede, PS