Saint Sahara Ayurvedic Medical College & Hospital,Bathinda v. Union Of India And ORS.
CWP-1125-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-1125-2017 Date of Decision: November 13, 2017 Saint Sahara Ayurvedic Medical College and Hospital, Mansa Road, Kot Shamir, Bathinda .....Petitioner
Versus
Union of India and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.
To be referred to the Reporters or not?
Yes/No 2.
Whether the judgment should be reported in the Digest? Yes/No.
3.
Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......
Present:
Mr.G.S.Attariwala, Advocate for the petitioner. Mr.Prateek Gupta, Advocate for respondent No.1. Mr.Lalit Kumar Sharma, Advocate for Mr.Sunil Kumar Sharma, Advocate for respondent No.2. Mr.T.S.Chauhan and Mr.Satnam Chauhan, Advocates for respondent No.3.
........
SURYA KANT, J.
The petitioner is a self-financed privately managed Ayurvedic College. Its grievance is against the order dated 30.11.2016 passed by Union of India, Ministry of Health and Family Welfare, Department of AYUSH, whereby permission to make admission of 50 seats in BAMS(UG) Course for the academic Session 2016-17 was denied. Even before passing of the above-stated impugned order, this Court had granted interim relief to the petitioner on 28.11.2016 in its earlier writ petition, i.e. CWP-245002016, whereby the petitioner-Institute was provisionally permitted to admit 60 students in the academic Session 2016-17.
Meenu 2017.11.20 14:21 I attest to the accuracy and authenticity of this document chandigarh [2] It may be mentioned here that the permission was declined to
CWP-1125-2017 -2the petitioner-Institute on account of certain deficiencies in infrstructure. It is also a matter of record that pursuant to the interim order passed by this Court, the petitioner-Institute has admitted 60 students in BAMS Course. [3] Learned counsel for the petitioner has handed over a photocopy of the order dated 16.08.2017 which is not disputed by learned counsel for the respondents also, whereby Union of India, Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) has granted permission to the petitioner-Institute to admit students in BAMS(UG) for the Session 2017-18. It is observed that the shortcomings which were earlier noticed have been rectified by the petitioner.
[4] In view of the fact that the petitioner has been found to have removed the deficiencies and in the absence of any shortcoming, Union of India has granted permission to admit students for the Session 2017-18, coupled with the fact that the students admitted by the petitioner for the Session 2016-17 have spent an year in pursuing the course, and also for the reasons assigned by us in our order dated 31.10.2017, passed in CWP No.24136 of 2015 (Shiv Shakti Ayurvedic College vs Union of India and others), the instant writ petition stands allowed. The impugned order is modified and the admissions made by the petitioner-Institute in the academic Session 2016-17 are ordered to be regularised. ( SURYA KANT ) JUDGE November 13, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.
Whether speaking/reasoned ?
Yes/No 2.
Whether reportable ?
Yes/No Meenu 2017.11.20 14:21 I attest to the accuracy and authenticity of this document chandigarh