Delhi High Court - Orders
Shri Dhanwantry Ayurvedic College And ... vs Union Of India And Others on 24 February, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2343/2021 & CM APPLs. 6813/2021, 7561/2021 and
7562/2021
SHRI DHANWANTRY AYURVEDIC
COLLEGE AND HOSPITAL ..... Petitioner
Through: Mr. A. Mariarputham, Senior
Advocate, with Ms. Anuradha
Arputham and Mr. Avneesh
Arputham, Advocates
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Ms. Archana Pathak Dave,
Advocate for CCIM.
Ms. Bharathi Raju, Advocate for
UOI/R-1
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 24.02.2021 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 7562/2021 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CM APPL. 7561/2021 (for additional documents) For the reasons stated in the application, it is allowed. The application stands disposed of.
Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 1 of 7 Signing Date:24.02.2021 22:01:33W.P.(C) 2343/2021 & CM APPL. 6813/2021 (for interim relief)
1. By an order dated 19.02.2021, this Court had directed respondent No. 1-Union of India ["the Union"] to file an affidavit stating the reasons for which the petitioner was granted permission for admission for only 60 undergraduate seats, as against its application for 100 undergraduate seats. It was directed that the aforesaid affidavit be filed by 22.02.2021. No affidavit has been filed by the Union, for reasons best known to it. The Union is directed to file a further affidavit within one week explaining the reasons for non-compliance of the order dated 19.02.2021.
2. Instead of filing an affidavit before this Court, it appears that the Union has served upon the petitioner, an order dated 19.02.2021, stating the reasons for denial of the remaining 40 seats. The aforesaid order has been placed before this Court, by way of an application filed by the petitioner (CM APPL. 7561/2021) for placing additional documents on record.
3. Several petitions concerning admissions to Ayurveda, Unani and Homeopathy colleges for the academic year 2020-21 are listed tomorrow, i.e. 25.02.2021. The learned Additional Solicitor General proposes to place before this Court, the modalities for a fresh consideration of grievances against orders denying permission to admit students, and for consequent extension of the counselling process being undertaken by various States.
4. Mr. A. Mariarputham, learned Senior Counsel for the petitioner, however points out that that the petitioner has participated in the counselling in the State of Haryana and final allocation of seats is scheduled for tomorrow, i.e. 25.02.2021. He therefore seeks permission Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 2 of 7 Signing Date:24.02.2021 22:01:33 for the petitioner to participate in the allocation of seats pursuant to the counselling. In view of the fact that the allocation of seats is scheduled for tomorrow, this petition is taken up for consideration of ad interim orders.
5. This petition is filed by an Ayurveda college, challenging the order of the Union granting it permission to admit 60 students against its application for 100 students. The impugned order has been passed pursuant to recommendations received by the Union from the Central Council of Indian Medicine ["CCIM"], and after giving a show cause notice to the petitioner. The petitioner submitted a written representation in answer to the show cause notice, and also participated in the hearing convened by the Union. The relevant dates will be evident from the following table:
Date of CCIM Date of show Date of Date of
recommendation cause notice hearing final order
24.12.2020 15.01.2021 18.01.2021 19.02.2021
6. Mr. Mariarputham submits that the principal issue raised in this petition is covered in its favour by interim orders granted by this Court in favour of other similarly placed institutions, including the following orders:
a) Order dated 08.02.2021 in W.P.(C) 1539/2021 [SKS Ayurvedic Medical College and Hospital through its Secretary vs. Union of India, Ministry of Ayush through Secretary & Anr.] and connected matters.
b) Order dated 12.02.2021 in W.P.(C) 1854/2021 [RB Ayurvedic Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 3 of 7 Signing Date:24.02.2021 22:01:33 Medical College and Hospital vs. Union of India and Ors.] and connected matters.
c) Order dated 15.02.2021 in W.P.(C) 1958/2021 [Dr Anar Singh Ayurvedic Medical College and Hospital vs. Union of India & Ors.] and connected matters.
7. In the aforesaid writ petitions, the Court was concerned with challenges to similar denial orders passed against other institutions. Following the approach indicated by the order of the Division Bench dated 04.02.2021 in LPA 49/2021 [Shivang Homeopathic College vs. Union of India & Ors.], in respect of a Homeopathy college, I had granted interim relief on the finding that the petitioners had made out a prima facie case in their challenge to the impugned orders. By the aforesaid order dated 04.02.2021, the Division Bench had held that the questions of balance of convenience and irreparable harm were in favour of the appellant-institution, and stayed the order of this Court dated 01.02.2021 in W.P.(C) 1265/2021 to the contrary.
8. Following the same approach, I proceed to examine the question of prima facie case in the present petition:
a) As far as undergraduate seats are concerned, the major deficiency pointed out by the Union is in the availability of teaching faculty. It is recorded in paragraph 8(4) of the order dated 19.02.2021 that 25 higher faculties ["HF"] are available against the requirement of 28 HF for issuance of Letter of Permission to increase the capacity from 60 seats to 100 seats. In paragraph 8(5), the Union has mentioned the names of three faculty members, who have been disregarded as they are "not certified by CCIM". As far as the issue Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 4 of 7 Signing Date:24.02.2021 22:01:33 of denial of permission on the ground of CCIM certification is concerned, the aforesaid interim orders passed by this Court have dealt with this issue. I have come to the prima facie conclusion that the denial of permission on the basis of these allegations is unsustainable, as the identity of faculty members to whom the respondents had objected, and the nature of objections, were not put to the petitioners in the show-cause notices. The present case is indistinguishable from the other cases in which interim orders have been passed on this basis. Mr. Mariarputham submits that, of the three teachers mentioned in paragraph 8(5) of the impugned order, two, namely, Dr. Samir Sapcota and Dr. Anil Kumar, are HF. If the ineligibility of these two faculty is disregarded, the petitioner would have 27 HF against the requirement of 28 HF. The requirement of faculty is provided in Schedule-V of the Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Ayurveda Colleges and attached Hospitals) Regulations, 2016 ["the Regulations"]. Note (iv) to Schedule-V makes it clear that relaxation of 10% of the total requirement and 20% of the HF is permissible for conditional permission to be granted. It is also provided therein that the total number of HF shall not be less than 19. Prima facie, the petitioner appears to meet the requirements provided in Note (iv) to Schedule-V of the Regulations on all three grounds.
b) As far as under-graduate admissions are concerned, the second deficiency noted in the show-cause notice was of a shortcoming of 08 hospital beds against the requirement of 108 hospital beds.Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 5 of 7 Signing Date:24.02.2021 22:01:33
However, the requirement in Regulation 7(2) of the Regulations is not of 108 beds, but of 100 beds. The ground upon which this deficiency has been raised in the show-cause notice is therefore, incomprehensible. In any event, in the impugned order, the Hearing Committee and the Union have proceeded on a different basis by examining the bills, accounts statements etc. for purchase/repair of beds and the stock register. These are not the grounds raised in the show-cause notice, and the findings of the Union on this aspect are wholly in excess of the allegation that was made in the show-cause notice.
c) The third shortcoming is in respect of 01 Resident Medical Officer/ Surgical Officer/Medical Officer/Clinical Registrar against the requirement of 09 under the Regulations. Schedule-IV of the Regulations provides the requirements for hospital staff. The provision for Resident Medical Officer/Surgical Officer/Medical Officer or Clinical Registrar, appear as five and one respectively (at serial Nos. 5 and 26 of Schedule-IV). For a hospital with more than 60 beds, two more incumbents as resident medical officers are additionally required under Note (1) to Schedule-IV. The requirement of 9 RMOs does not appear to be evident from Schedule-IV itself. Further, Note (5) to Schedule-IV provides for a relaxation to the extent of 20% of the hospital staff for the purpose of conditional permission. Even on the basis taken in the impugned order (that eight out of nine were available), the petitioner prima facie appears to meet the requirements of Schedule-IV.
9. In view of the aforesaid, I find that the petitioner has made out a Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 6 of 7 Signing Date:24.02.2021 22:01:33 good prima facie case for grant of an interim order. Following the observations of the Division Bench and its order dated 04.02.2021 passed in LPA 49/2021, the petitioner is hereby permitted to participate in the ongoing counselling process.
10. This being an interim order, it is naturally subject to the result of the writ petition, and the petitioner is directed to inform the prospective students accordingly.
11. Counter affidavits be filed within four weeks. Rejoinders thereto, if any, be filed within two weeks thereafter.
12. List on 07.04.2021.
PRATEEK JALAN, J FEBRUARY 24, 2021 vp Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 2343/2021 Page 7 of 7 Signing Date:24.02.2021 22:01:33