Rajiv Sahai Endlaw, J. - (1.) THE Petitioners in the year 2004 established an Ayurvedic Medical College & Hospital. In accordance with the provisions of the Indian Medicine Central Council (IMCC) Act, 1970, permission was granted to the Petitioners to start the Bachelor of Ayurvedic Medicine and Surgery (BAMS) course with 50 seats, with effect from the academic year 2004 -05. The Petitioners thereafter, year after year, were granted conditional permission to make admissions and permissions were so granted till the year 2009 -10.
(2.) THE Respondent No. 2 Central Council of Indian Medicines (CCIM) on whose recommendations permission for admission of students is granted or refused, made a suo moto visit to the College of the Petitioners on 8th February, 2010 to reassess the available facilities of teaching and practical training as well as to verify the compliance reports submitted by the Petitioners from time to time. The Respondent No. 2 CCIM pursuant to the said inspection, on 11th June 2010 made a recommendation to the Respondent No. 1 to, not grant permission to the Petitioners to admit students for the academic year 2010 -11 on the ground of the College of the Petitioners not having the requisite faculty and the bed occupancy of the hospital attached to the College being 56.72% i.e. less than the prescribed of 60%. However, the Ministry of Health & Family Welfare of the Government of India on 8th July 2010 revised the eligibility criteria for grant of conditional permission for the academic year 2010 -11 and the requisite bed occupancy was reduced from 60% to 40%.
(3.) ANOTHER surprise inspection of the College and hospital of the Petitioners including by the officials of the CBI was made on 2nd August, 2010 and which found the College to be not having a functional Internal Patients Department (IPD) and not having a functional hospital with even 40% bed occupancy.;