R. K. Deshpande, J. - (1.)Heard the respective counsel for the parties. Rule. Rule made returnable forthwith by consent of parties.
(2.)This petition challenges order dated 23rd of September 2008 at Exh. J to the petition passed by the respondent No. 4, the Ministry of Health and Family Welfare, Department of Ayurved Yoga and Naturopathy, Unani Sidha and Homeopathy, Government of India, New Delhi, informing the petitioner that after careful consideration of the case under the provisions of the Section 13A of the Indian Medicine Central Council Act, 1970 (hereinafter referred to as "IMCC Act") and the relevant regulations made thereunder, it has been decided that the approval of the Central Government cannot be given to the Diamond Education Society, Jalana, Maharashtra, to start the proposed Shri Chaganrao Bhujbal Ayurvedic College at Jalana in view of the reasons explained in para 8(i) to (vii).
(3.)The facts leading to the case are as under:
The petitioner is a public trust duly registered under the Bombay Public Trusts Act, 1950 and also a society registered under the Indian Registration Act, 1860. The petitioner society is established, with an aim and object to provide better medical education, more particularly, in Ayurvedic stream in the locality of Jalana and is desirous to start Ayurvedic College under the name and style as "Shri Chaganrao Bhujbal Ayurvedic Medical College at Jalana.