Sau. Mathurabai Bhausaheb Thorat Sevabhavi Trust, Sangamner & Anr. v. Union of India & Ors.

Mr.V.M.Thorat with Mr.M.V.Thorat for the Petitioners. Mr.D.A.Athavale with Mr.M.S.Bhardwaj for Respondent No.1. Mr.R.V. Govilkar for Respondent No.4. ...... CORAM : DR.D.Y.CHANDRACHUD AND A.A.SAYED, JJ. September 24, 2012. P.C. : Leave to amend the prayer clause so as to challenge the communication dated 7 August 2012, issued by the Maharashtra University of Health Sciences, Nashik. Amendment to be carried out forthwith.

These proceedings under Article 226 of the Constitution have been instituted in order to challenge communications dated 15 May 2012 and 7 August 2012 issued by the Maharashtra University of Health Sciences, Nashik.

The Petitioners conduct an Ayurvedic College which was established in 2007-08. The intake capacity is 50 students. The first batch was admitted in 2007-08 and appeared for the final examination in December

2011. In 2011, the Central Council of Indian Medicine (CCIM) carried out an VBC 2 wp8185.12-24.9 inspection and recommended the grant of permission for 2011-12 to the First Respondent. The First Respondent by a letter dated 11 June 2011 called upon the Petitioners to show cause as to why its permission should not be cancelled. On 4 October 2011, the First Respondent refused permission to admit students to the BAMS Course. In Writ Petition 8425 of 2011 filed by the Petitioners to challenge the refusal of permission, a Division Bench of this Court, followed an order passed by the Aurangabad Bench in a similar case and issued the following directions:

(i) The communication issued by the Third Respondent on 4 October 2011 shall remained stayed till further orders; -(ii) The Petitioners are allowed to admit students to the BAMS Course in accordance with the recommendations of the CCIM subject however to the condition that the Petitioners shall remove all the deficiencies pointed out in the report on or before 31 December 2011 and report compliance to CCIM and to the Third Respondent; -(iii) All students to whom admissions are granted shall specifically be intimated of the passing of the present order and shall put a notice that in the event the ad-interim orders are vacated, no equity of whatsoever nature shall be claimed. A notice to that effect shall also be put up by the college on the website and in advertisement that may be issued notifying admissions for the academic year 2011-12. The individual letters of admission to each student shall contain a reference to the above condition.

The aforesaid Writ Petition is pending.

The limited relief which is sought in these proceedings is that students may be allowed to fill in their examination forms and to appear for the examination in November/December 2012. The Maharashtra University of Health Sciences, Nashik, impleaded as the Fourth Respondent, has by its VBC 3 wp8185.12-24.9 letter dated 15 May 2012, informed the Petitioners that the students are not registered. By a letter dated 7 August 2012, the Petitioners have been informed that since no specific direction has been issued in the earlier order of this Court allowing students to appear for the examination, it would not be possible for the University to permit students to do so.

The attention of the Court has been drawn to the fact that CCIM has by its letter dated 19 July 2012 granted conditional permission to the Petitioners for the academic session 2012-13. CCIM is still to carry out a verification of whether the conditions stipulated by it have been fulfilled. In view of the previous order passed by this Court on 21 October 2011, we are of the view that the ends of justice would require that the students admitted by the Petitioners for the Academic Year 2011-12 should be permitted by the Fourth Respondent to fill in their examination forms and to appear for the examination scheduled to be held in November/December 2012 subject to the outcome of the earlier Writ Petition, Writ Petition 8425 of 2011. The students shall be placed on notice specifically to the effect that the permission which has been granted to them in the aforesaid terms is subject to the outcome of the earlier Writ Petition and such orders and directions that may be passed by the Court therein.

We accordingly dispose of the Petition by directing the Fourth Respondent to allow the students admitted for Academic Year 2011-12 to fill in their examination forms and to appear for the examination scheduled to be held in November/December 2012. This would be subject to: (i) The outcome VBC 4 wp8185.12-24.9 of Writ Petition 8425 of 2011 which is pending on the file of this Court and to such orders and directions that may be passed therein; (ii) Such decision as may be arrived at by CCIM on verifying compliance by the Petitioners of the deficiencies noted by CCIM in its inspection reports. We clarify that CCIM is at liberty to take inspection and to verify whether the College has complied with the deficiencies noted by it. If there is any failure on the part of the College to do so, CCIM would be at liberty to take recourse to its powers in accordance with law.

The Petition is accordingly disposed of. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( A.A. Sayed, J.)