Himachal Pradesh High Court
CWP/8335/2021 on 30 December 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF DECEMBER, 2021
BEFORE
HON’BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUTICE
&
HON’BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.8335 of 2021
Between:-
AWASTHI EDUCATIONAL SOCIETY,
NALAGARH THROUGH ITS
CHAIRMAN, WARD NO.9, NALAGARH,
DISTRICT SOLAN, 174101,
HIMACHAL PRADESH.
…..PETITIONER
(BY MR. B.C. NEGI, SENIRO ADVOCATE WITH MR. NITIN
THAKUR, ADVOCATE)
AND
1.
UNION OF INDIA,
THROUGH ITS SECRETARY
(MINISTRY OF AYUSH) TO THE
GOVERNMENT OF INDIA,
GPO COMPLEX, B BLOCK,
BARAPULLAH, RD. INA COLONY,
NEW DELHI, DELHI-110023.
2.
NATIONAL COMMISSION OF
INDIAN SYSTEM OF MEDICINE
(MINISTRY OF AYUSH) THROUGH
ITS CHAIRPERSON, NCISM,
61-65 INDUSTRIAL AREA,
OPPOSITE ‘D’ BLOCK, JANAKPURI,
DELHI-110058.
3.
SECRETARY I/C, PRESIDENT,
MEDICAL ASSESSMENT
AND RATING BOARD FOR
INDIAN SYSTEM OF MEDICINE,
NCISM, 61-65 INDUSTRIAL AREA,
OPPOSITE ‘D’ BLOCK, JANAKPURI,
DELHI-110058.
4.
HIMACHAL PRADESH UNIVERSITY,
THROUGH ITS REGISTRAR,
SUMMER HILL, SHIMLA,
HIMACHAL PRADESH.
…..RESPONDENTS
(MR. BALRAM SHARMA, ASSISTANT SOLICITOR GENERAL
OF INDIA, FOR RESPONDENTS NO.1 TO 3.
MR.SURINDER VERMA, ADVOCATE, FOR RESPONDENT
NO.4)
________________________________________________________________
This petition coming on for admission this day, Hon’ble Ms. Justice Jyotsna Rewal Dua, passed the following:
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O R D E R
Petitioner is desirous of establishing an Ayurvedic College with 60 seats in BAMS (UG) Course in the State.
2. Petitioner’s application dated 24.08.2020 made in this regard was forwarded by the Government of India on 01.10.2020 to the respondents for verifying the physical and other infrastructure facilities available at the proposed Ayurvedic College. Subsequently, the College was visited on 14.09.2021 by the visitation teams of Medical Assessment and Rating Board for Indian System of Medicine (MARB) and National Commission of Indian System of Medicine (NCISM). After considering the visitors’ report and observations of Hearing Committee, MARB and NCISM declined to issue letter of intent in favour of the petitioner. Communication in this regard was sent to the petitioner on 01.11.2021.
3. Aggrieved against the non-issue of letter of intent to it, the petitioner preferred an appeal under Section 29(5) of the National Commission Indian System of Medicine Act, 2020. The appeal was rejected on 08.12.2021. It is, in these circumstances that the petitioner has preferred the instant writ petition, seeking quashing and setting-aside of decision dated 01.11.2021, whereby, letter of intent to set-up new Ayurvedic College was declined by respondent No.3 as well as for quashing and setting- aside of decision dated 08.12.2021, in terms of which, appeal preferred by the petitioner under Section 29(5) of NCISM Act, 2020 was rejected. The petitioner seeks a direction to the respondents to issue it letter of intent for starting new Ayurvedic College with 60 seats in BAMS (UG) Course.
4. During hearing of the case, learned Senior Counsel for the petitioner submitted that the petitioner has taken recourse to an alternate remedy available to it under National Commission Indian System of Medicine Act, 2020 and in terms of this Act, the petitioner has preferred second appeal against the decision dated 01.11.2021, whereunder its first appeal was dismissed.
5. Learned Senior counsel for the petitioner has also submitted that next academic session is around the corner, therefore, prompt decision of the petitioner’s pending appeal is of urgent importance. It was submitted that in the facts and circumstances of the case, the petitioner would be content in case the competent authority is directed to decide its second appeal within a time bound period. Learned Assistant Solicitor General of India has no objection for allowing this prayer of the petitioner.
Accordingly, without adverting to the merits of the matter, we close this petition by directing respondent No.1 to decide the pending second appeal preferred by the petitioner under Section 29(6) of NCISM Act, 2020 within a period of three months from today.
Pending miscellaneous application(s), if any, also stand disposed of.
(Mohammad Rafiq)
Chief Justice
(Jyotsna Rewal Dua)
Judge December 30, 2021 (R.Atal)