LAXMI SHARMA Vs. V C CHHATRAPATI S MAHARAJ UNIVERSITY
LAWS(SC)-2006-6-2
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on June 23,2006

LAXMI SHARMA,HIMALAYA AYURVEDIC MEDICAL COLLEGE Appellant
VERSUS
V.C.CHHATRAPATI SAHUJI MAHARAJ UNIVERSITY,SHAHUJI MAHARAJ UNIVERSITY Respondents




JUDGEMENT

Altamas Kabir, J. - (1.)The appellants in Civil Appeal Nos.5147-5148/2005 were admitted as students by the Himalaya Ayurvedic Mahavidyalaya between 1992 to 1995 in its Medical College being the appellant in Civil Appeal Nos. 5149-5150/2005. Inasmuch as, the aforesaid college had not obtained affiliation from any recognized university the appellants in the first set of appeals were not allowed to appear for examinations conducted by the university.
(2.)It may be indicated that soon after the aforesaid college was established in 1993, the college applied for affiliation under Section 37 (2) of the Uttar Pradesh State University Act for the course of Ayurveda Acharya, Bachelor of Ayurvedic Medicine/Surgery, (hereinafter referred to as the BAMS) to the Vice-Chancellor of Shri Sahu Ji Maharaj University, Kanpur, now known as Chhatrapati Sahu Ji Maharaj University. According to the college, it admitted three students during the academic year 1992-1993, 15 students for the academic year 1993-1994. Lastly, the college admitted 23 students for the academic year 1994-1995 without having obtained affiliation with the aforesaid university.
(3.)It is only after such admissions had been completed that the State Government and the Secretary, Medical Education, constituted a team to inspect the aforesaid college to submit a report for the purpose of grant of affiliation to the college. The said team members of the Central Council of Indian Medicine inspected the institution on 12th August, 1995 and from the inspection report which has been made part of the records, it appears that it was the opinion of the Committee that the college had the necessary infrastructure for being granted affiliation to the university. On the basis of the report of the expert panel, the Vice Chancellor of the university by his order dated 20th January, 1997, granted temporary affiliation to the college for one year with effect from 1st July, 1996. Since the rules do not provide for grant of temporary affiliation, the college reiterated its prayer for grant of permanent affiliation and in connection therewith, the State Government wrote a letter to the Central Council of Indian Medicine on 8th January, 1998 stating that if the Council gave its consent then the Government would have no objection in recommending the case of the Himalaya Ayurvedic Mahavidyalaya for grant of permanent affiliation. The Central Council of Indian Medicine after conducting a further inspection of the medical college granted permission to the college for conducting the BAMS course for the academic year 1997-1998, subject to prior permission of the State Government and affiliation to the university.


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