Karnataka High Court
Kundapura Rural Ayurveda Medical ... 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.30952 OF 2018 (EDN-RES)
BETWEEN
1. KUNDAPURA RURAL AYURVEDA MEDICAL COLLEGE
KOTESHWARA KUNDAPURA
UDUPI DISTRICT
REPRESENTED BY ITS PRINCIPAL
DR GAUTAM SHETTY
S/O BHASKARA SHETTY
AGED ABOUT 39 YEARS,
2. AMRUTHESWARI EDUCATIONAL TRUST
NO.47/2, 1ST A MAIN OPPOSITE TO MARUTHINAGAR
BUS STOP, NAGARBHAVI MAIN ROAD,
BENGALURU-560072
REPRESENTED BY ITS PRESIDENT
DR S M SRIDHARA RAO
S/O MOHAN ROA
AGED ABOUT 57 YEARS
...PETITIONERS
(BY SRI G K HIREGOUDAR, ADVOCATE )
AND
1. UNION OF INDIA
MINISTRY OF AYURVEDA, YOGA, UNANI, SIDDA AND
HOMOEOPATHY
(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
2
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 N K RAMESH, 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
PRELIMINARY HEARING IN 'B' GROUP 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 for grant of permission to start a new Ayurvedic College made in the year 2018 was rejected by the Union of India. However, it is further submitted that since there is no embargo at present for making applications for grant of permission to start new Ayurvedic Colleges, the 3 petitioners may be granted liberty to approach the competent authority for grant of permission.
2. Placing the said submission on record, the writ petition is disposed of granting liberty to the petitioners to file a fresh application for permission to start a new Ayurvedic College.
SD/-
JUDGE JT/-