Karnataka High Court
Sharada Ayurveda Medical College And ... vs Union Of India on 18 September, 2020
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.30984/2018 (EDN-RES)
C/W
WRIT PETITION NO.30950/2018(EDN-RES)
IN W.P.NO.30984/2018
BETWEEN
1. SHARADA AYURVEDA MEDICAL COLLEGE AND
HOSPITAL
SHARADA AYURDHAMA CAMPUS
OPP. SHARADA VIDYANIKETHANA PUBLIC SCHOOL
DEVINAGAR, TALAPADY
MANGALURU-575023
DAKSHIN KANNADA
REPRESENTED BY ITS PRINCIPAL
DR RAVIGANESH M
S/ M THIMMAPPAYYA
AGED ABOUT 39 YEARS
2. TULUNADU EDUCATIONAL TRUST
5-7-668, S.K.D.B. CAMPUS
KODIALBAIL
MANGALURU-575023
REPRESENTED BY ITS PRESIDENT
PROF. M B PURANIK
AGED ABOUT 73 YEARS
...PETITIONERS
(BY SRI OMKAR KAMBI, ADVOCATE)
AND
1. UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA, UNANI,
SIDDA AND HOMEOPATHY
(AYUSH) AYUSH BHAWAN, B BLOCK
GPO COMPLEX, INA
2
NEW DELHI-110023
REPRESENTED BY ITS DIRECTOR
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
KARNATAKA GOVERNMENT SECRETARIAT
M S BUILDINGS
BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BANGALORE-560041
REPRESENTED BY ITS REGISTRAR
4. CENTRAL COUNCIL OF INDIAN MEDICINE
#61-65, INSTITUTIONAL AREA
OPP: D BLOCK
JANAKAPURI NEW DELHI-110058
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SMT M BIRDY AIYAPPA, CGC FOR R1
SRI R SRINIVAS GOWDA, AGA FOR R2
SRI B PRAMOD, ADVOCATE FOR R3
SMT MANASI KUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED COMMUNICATION POLICY DATED
15.06.2018 [TO SUSPEND CONSIDERATION OF APPLICATION
FOR GRANT OF PERMISSION] AS PER ANNEXURE-E ISSUED
BY THE RESPONDENT NO.1, AS BEING ARBITRARY, ILLEGAL
AND ULTRA VIRES THE HCC ACT, 1973, AND ETC.
IN W.P.NO.30950/2018
BETWEEN
1. RAJEEV INSTITUTE OF AYURVEDIC MEDICAL
SCIENCE AND RESEARCH CENTRE
PLOT NO.1D, BANGALOR-E MANGALURU
BY-PASS ROAD,
BOMMANAYAKANAHALLI
HASSAN-573201
REPRESENTED BY ITS PRINCIPAL
DR S A NITHIN
S/O S N ASHOK KUMAR
AGED ABOUT 40 YEARS
3
2. RAJEEV EDUCATION TRUST
BEHIND RAJEEV HOSPITAL
GOVT HOSPITAL ROAD,
HASSAN-573201
REPRESENTED BY ITS PRESIDENT
DR V RAJEEV
S/O LATE VISHAKANTE GOWDA
AGED ABOUT 62 YEARS
...PETITIONERS
(BY SRI G K HIREGOUDAR, ADVOCATE )
AND
1. UNION OF INDIA
MINISTRY OF AYURVEDA YOGA, UNANI, SIDDA AND
HOMEOPATHY (AYUSH)
AYUSH BHAWAN, B BLOCK,
GPO COMPLEX, INA
NEW DELHI-110023
REPRESENTED BY ITS DIRECTOR
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
KARNATAKA GOVERNMENT SECRETARIAT
M S BUILDINGS, BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY
3. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK JAYANAGAR
BANGALORE-560 041
REPRESENTED BY ITS REGISTRAR
4. CENTRAL COUNCIL OF INDIAN MEDICINE
# 61-65 INSTITUTIONAL AREA, OPP D BLOCK,
JANAKAPURI, NEW DELHI-110 058
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SMT M BIRDY AIYAPPA, CGC FOR R1
SRI R SRINIVAS GOWDA, AGA FOR R2
SRI LOHITASWA BANAKAR, ADVOCATE FOR R3
SMT MANASI KUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED COMMUNICATION POLICY DATED
15.06.2018 [TO SUSPEND CONSIDERATION OF APPLICATION
FOR GRANT OF PERMISSION] AS PER ANNEXURE-E ISSUED
4
BY THE RESPONDENT NO.1, AS BEING ARBITRARY, ILLEGAL
AND ULTRA VIRES THE HCC ACT, 1973, AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
These writ petitions do not survive for consideration in view of the fact that respondent No.1-Union of India, has approved the application made by the respective petitioners for permission to start a new Ayurvedic College.
2. Placing the said submission on record, these writ petitions are disposed of as nothing further survives for consideration.
SD/-
JUDGE JT/-