Shriram Gramin Sanshodham Va Vikas Pratishthan v. State Of Maharashtra Thr Dept. Of Medical Education And Drugs And ORS

1 907-WP 15394-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15394 OF 2024 Shriram Gramin Sanshodhan Va Vikas Pratishthan ... Petitioner Vs.

State of Maharashtra & Ors.

... Respondents ----- Mr. Aashutosh Kulakarni a/w Vrushali L. Maindad, Shaheen Kapadia, Shivani A. Veer for the Petitioner.

Mr. K. S. Thorat, 'B' PNL for Respondent No.1. Mr. Sachindra B. Shetye for Respondent No.3.

----- CORAM :

M.S. KARNIK & N.R. BORKAR, JJ.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.07.11 10:46:24 +0530 DATE :

10TH JULY 2025 P.C. :

MUGDHA MANOJ PARANJAPE 1.

Our attention is invited to the Affidavit in Reply filed on behalf of Respondent No.2, i.e., National Commission for Indian System of Medicine, Ministry of Aayush. In Paragraphs 4 and 5 it is stated as follows: "4.

It is submitted that the answering respondent issued the letter dated 5.2.2024 due to the prevailing facts and circumstances during that period as it was observed that every year seats were not being filed by the Ayurveda colleges and because of this the management were forced to shut down the colleges. Further, it was also observed that when seats remained unfilled the private colleges requested for reduction in percentile and extension of date for admission, therefore, the answering respondent vide its said letter dated 05.02.2024 requested not to issue NOC for establishment of new Ayurveda colleges. The demi official letter issued by this office was advisory in nature.

5.

It is most respectfully submitted that now the situation has changed with respect to filling of the seats in Ayurveda college. Hence, the Mugdha

2 907-WP 15394-24.doc concerned authority of state government may take appropriate action regarding granting NOC for the establishment of new Ayurveda colleges in accordance with law as deemed fit. However, any decision/action of the concern authority shall be applicable for the academic year 2026-27 onwards."

2.

Learned Counsel for the Petitioner, on instructions, submits that the Petitioner will be satisfied if the proposal at Exhibit 'G' (Page 108) is considered by the Respondent Authorities for the Academic Year 2026-27, in terms of what is stated in Paragraph Nos.4 and 5 by the Respondent No.1 in it's Affidavit-in-Reply, afresh on its own merits and without being influenced by any earlier orders/decisions passed on the proposal as also in accordance with the rules and regulations. The Respondents Authorities are directed accordingly.

3.

The Writ Petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) (M.S. KARNIK, J.) Mugdha