Punjab-Haryana High Court
Baba Hira Dass Ji Ayurvedic Medical ... vs Union Of India And Others on 29 October, 2018
Author: Mahesh Grover
Bench: Mahesh Grover, Amit Rawal
C.W.P. No.27202 of 2018 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
C.W.P. No.27202 of 2018 (O&M)
DATE OF DECISION : 29.10.2018
Baba Hira Dass Ji Ayurvedic Medical College & Hospital PETITIONER
VERSUS
Union of India and others RESPONDENTS
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
HON'BLE MR.JUSTICE AMIT RAWAL
Present:- Shri G.S.Attariwala, Advocate for the petitioner.
Shri Arun Gosain, Advocate.
Shri Nilesh Bhardwaj, Advocate.
Shri Ranbir Sood, Advocate.
Shri Samarath Sagar, Additional A.G. Punjab.
MAHESH GROVER, J.
This petition has been filed with a prayer for the issuance of a writ in the nature of certiorari quashing the order dated 5.10.2018 and the recommendations of the Central Council of Indian Medicine (hereinafter referred to as the CCIM). The petitioner also seeks interim relief of permission to go ahead with admissions to the said Course for the session 2018-19. It is pleaded that the College has been and imparting education in the course in question, but now they are facing problems for certain deficiencies resulting in restraints upon the College to go ahead with the admissions.
1 of 3 ::: Downloaded on - 04-11-2018 23:28:09 ::: C.W.P. No.27202 of 2018 -2- Respondent No.1 pointed out certain deficiencies ostensibly based on the report of the C.C.I.M. which are extracted here below :-
"1. Functional X-Ray, ECG and USG are not avilable.
2. Web based computerized centrla registration system is not available in OPD/IPD as per RMS, 2016.
3. Aadhaar based Geo location enabled attendance system is not functional for teaching staff, non-teaching staff, hospital staff and PG students as per decision dated 31.1.2018 and policy decision dated 15.6.2018 in place of Biometric Attendance as per sub-regulation (3) of regulation 9 of MSR, 2016.
4. 01 Yoga teacher and 09 part time teachers of Modern medicine are not available against the minimum requirement of 05 as per RMS, 2016.
5. Quality Testing Lab is not available as per RMS, 2016.
6. Biometrics is not available.
7. There is shortage of less than 75% instruments in Dept. of Rasa Shastra evum Bhaishajya Kalpana Laboratory and Shalakya.
8. Operation Theatre is not available."
Learned counsel for the petitioner has virtually made his submissions on the lines which were urged in C.W.P.26723 of 2018 decided on even date, i.e. 29.10.2018 and therefore, we are of the opinion that the reasoning set out by us in C.W.P.26723 of 2018 will be attracted to the present case as well.
We need not record our reasons separately in the present case, in view of the detailed order of even date passed by us in C.W.P. No.26723 of 2018.
Hence, we dispose of the present petition with same directions as 2 of 3 ::: Downloaded on - 04-11-2018 23:28:10 ::: C.W.P. No.27202 of 2018 -3- given in C.W.P.26723 of 2018.
The office is directed to list the matter on 30.1.2019 only for the purpose of submission of report by the respondents.
( MAHESH GROVER )
JUDGE
( AMIT RAWAL )
October 29, 2018 JUDGE
GD
Whether speaking/reasoned Yes
Whether reportable Yes/No
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