Rajasthan High Court - Jaipur
Maharishi Arvind University vs Central Council Of Indian Medicine Ors on 13 December, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.330/2017
Maharishi Arvind University, Mundiaramsar, Near Bindayaka
Industrial Area, Jaipur-302012 (Rajasthan) Through Its Registrar
Dr. N.C. Pahariya S/o Shri M.L.Pahariya, Aged About 66 Years
----Petitioner
Versus
1. Central Council of Indian Medicine Through Its Secretary, 61-
65, Institutional Area, Janakpuri D-Block, New Delhi-110058.
2. The Ministry of Ayurveda Yoga & Naturopathy, Unani, Siddha
and Homeopathy, Through Its Secretary, AYUSH Bhawan, B Block,
GPO Complex, INA, New Delhi-110023
3. State of Rajasthan Through Principal Secretary, Department of
Ayurveda and Indian Medicine, Govt. of Rajasthan, Jaipur
(Rajasthan)
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Anurag Kalavatiya. For Respondent(s) : Mr. R.D. Rastogi, ASG assisted by Ms. Shalini Sharma.
Mr. Harish Khandpal, ASC with Mr. G.S. Gill, AAG, for No.3.
_____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 13/12/2017 At the outset Mr. Harish Khandpal, Assistant Government Counsel has passed over the NOC dated 12.12.2017 issued by the State Government to the petitioner-University for setting up a New Ayurved College at the under Graduate level with 100 seats.
Resultantly the matter requires to be considered afresh by the respondent No.1-- Central Council of Indian Medicine, for recommending the case of the petitioner-University to the Ministry (2 of 2) [CW-330/2017] of Ayurveda Yoga & Naturopathy, Unani, Siddha and Homeopathy for starting of the New Ayurved College at the under Graduate level with 100 seats. For this purpose the premises of the petitioner-University are required to be inspected for ensuring compliance with the prescribed standards parameters for commencement for an under Graduate Ayurved course.
In view of the aforesaid, the respondent No.1-CCIM is directed to cause regular inspection of the petitioner-University within a period of 8 weeks from receipt of a certified copy of this order as also the State Government's NOC dated 12.12.2017. Based on Central Council of Indian Medicine's view following the inspection and requisite notified compliances, the matter be considered for approval/ recognition by the Ministry of Ayurveda Yoga & Naturopathy, Unani, Siddha and Homeopathy. It is however made clear that in terms of the judgment of the Apex court in the case of Maharishi Markandeshwar Medical College and Hospital and others Vs. State of Himachal Pradesh and Others in [(2017)6 SCC 675], the petitioner- University being an autonomous body created under the Act of Rajasthan Legislature should not be required to furnish any affiliation from a State Government University for its under graduate Ayurveda course as has been fairly admitted by the R.D. Rastogi, ASG.
With the aforesaid observations the petition stands disposed of accordingly.
(ALOK SHARMA) J.
Himanshu/150