Karnataka High Court
Shushrutha Institute Of Ayurveda ... 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.30979 OF 2018 (EDN-RES)
BETWEEN
1. SHUSHRUTHA INSTITUTE OF AYURVEDA MEDICAL
SCIENCES AND RESEARCH CENTRE
S.NO. 54/2, NEAR SRIRAMANAGARA
S.S.HOSPITAL ROAD,
PAMENHALLI VILLAGE
DAVANAGERE TALUK AND DISTRICT - 577 003
REPRESENTED BY ITS PRINCIPAL
DR SATISH B G
S/O E G BASAVANTHAPPA
AGED ABOUT 41 YEARS,
2. SUSHRUTH AROGYA PRATISTANA®
SUSHRUTHA HEALTH CARE CENTRE
D NO. 693, MARUTHI VILAS
OPPOSITE KEB OFFICE
HADADI ROAD,
DAVANAGERE - 577 003
REPRESENTED BY ITS DIRECTOR
SHASHIKIRAN A H
S/O SHANTHARAJ
AGED ABOUT 41 YEARS.
...PETITIONERS
(BY SRI OMKAR KAMBI, ADVOCATE)
AND
1. UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA, UNANI, SIDDA, AND
HOMOEOPATHY
(AYUSH) AYUSH BHAWAN, B BLOCK,
GPO COMPLEX, INA
NEW DELHI - 110 023.
REPRESENTED BY ITS DIRECTOR.
2
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE
KARNATAKA GOVERNMENT SECRETARIAT
M.S.BUILDINGS,
BANGALORE - 560 001
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 ASHOK N NAYAK, 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.
THIS WRIT PETITION IS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Counsel for the petitioners submits that the application made by the petitioners- Institution for starting a new Ayurvedic College in the year 2018-2019 and 2019-2020 was rejected by the 3 Union of India. However, the petitioners have made an application for starting a new Ayurvedic College for the academic year 2021-2022. It is submitted that a technical objection was raised that the application was not in time. However, the State Government had given No objection Certificate for entertaining the application made by the petitioners.
2. Learned Counsel for the petitioners prays that the No Objections Certificate given by the State Government should be permitted to be made applicable even for the present academic year.
3. During the course of these proceedings, the petitioners had filed I.A.Nos.2/2020 and 3/2020 furnishing the required details and documents to justify its contention that the application was made in time. Nevertheless, in the meanwhile, because of the outbreak of the COVID-19 pandemic, the IAs could not be heard.
4. In that view of the matter, it is prayed that the No Objection Certificate given by the State Government should be made applicable while the 4 Union of India considers the fresh application of the petitioner for the next academic year.
5. Learned Counsel Smt.Manasi Kumar appearing for respondent No.4-Council submits that normally the State Government is required to issue No Objection Certificate taking the prevailing situation into consideration and therefore, it is submitted that such a direction to the Union of India to consider the fresh application of the petitioners along with the No objection certificate given by the State Government for the previous academic year may not be proper.
6. Having heard the learned Counsels, this Court is of the opinion that it may not be appropriate for this Court to direct the Union of India to consider the fresh application for the next academic year made by the petitioner along with 'No Objection Certificate' already granted by the State Government for the previous academic year. The State Government, however, shall take into consideration the predicament of the petitioners and consider its 5 decision to grant 'No Objection Certificate' as and when the petitioner seeks the issuance of such Certificate.
With these observations, the petition stands disposed of.
In view of the above, all pending Interlocutory applications shall stand disposed of.
SD/-
JUDGE JT/-