Khalsa Ayurvedic Medical College And Hospital v. Union Of India And Others

C.W.P. No.27224 of 2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.27224 of 2018 (O&M) DATE OF DECISION : 29.10.2018 Khalsa Ayurvedic Medical College and Hospital PETITIONER

VERSUS

Union of India and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER HON'BLE MR.JUSTICE AMIT RAWAL Present:- Shri G.S.Attariwala, Advocate for the petitioner. Shri Arun Gosain, Advocate.

Shri R.Kartikeya, Advocate Shri Ranbir Sood, Advocate.

MAHESH GROVER, J.

This petition has been filed with a prayer for the issuance of a writ in the nature of certiorari quashing the order dated 20.9.2018 denying permission to the petitioner College to go ahead with the admission of B.A.M.S. for the academic session 2018-19. The petitioner also seeks interim relief of permission to go ahead with admissions to the said Course for the session 2018-19. It is pleaded that the College has been and imparting education in the course in question, but now they are facing problems for certain deficiencies resulting in restraints upon the College to go ahead with the admissions.

Respondent No.1 pointed out certain deficiencies ostensibly based on

C.W.P. No.27224 of 2018 -2the report of the Indian Council of Medicine (hereinafter referred to as the C.C.I.M.) which are extracted here below :- "i.

Total 07 teachers are available against a minimum requirement of 12 as per RMS 2016.

ii.

02 Higher Faculty are available in 06 departments against a minimum requirement of 05 Higher Faculty in 05 departments. No higher faculty is available in Ayurved Samhita and Siddhant, Rachna Sharir, Rasa Shastra and Bhaishajya Kalpana and Rog Nidana avum Vikriti Vigyan departments.

iii.

No teaching staff is available in Rog Nidana avum Vikriti Vigyan against a minimum requirement of 1 teacher in each department.

iv.

2 clinical teachers are available against a minimum requirement of 6 as per RMS 2016.

v.

03 part time teachers are available against a minimum requirement of 05 as per RMS 2016.

vi.

Less than 75% instruments or equipments are available in Rog Vigyan, Casualty and Shalakya Opthalmic department against a minimum requirement of 75% or more as per RMS 2016.

vii.

In herbal garden number of species available are 110 against of 150 as per RMS 2016.

viii.

Operation theatre is not functional.

ix.

College website domain is expired as of now.

x.

Aadhaar based Geo location attendance system for teaching staff, non-teaching staff and hospital staff not available.

C.W.P. No.27224 of 2018 -3xi. Web based computerized central registration system is not available.

xii.

Functional X-ray, ECG & USG is not available." Learned counsel for the petitioner has virtually made his submissions on the lines which were urged in C.W.P.26723 of 2018 decided on even date, i.e. 29.10.2018 and therefore, we are of the opinion that the reasoning set out by us in C.W.P.26723 of 2018 will be attracted to the present case as well. We need not record our reasons separately in the present case, in view of the detailed order of even date passed by us in C.W.P. No.26723 of 2018. Hence, we dispose of the present petition with same directions as given in C.W.P.26723 of 2018.

The office is directed to list the matter on 30.1.2019 only for the purpose of submission of report by the respondents. ( MAHESH GROVER ) JUDGE ( AMIT RAWAL ) October 29, 2018 JUDGE GD Whether speaking/reasoned Yes Whether reportable Yes/No