- (1.) CMs No.3945-46/2015 (both for exemptions) Allowed, subject to just exceptions. The applications are disposed of. LPA No.123/2015, CMs No.3944/2015 (for condonation of 72 days delay in filing the appeal), 3948/2015 (for condonation of 63 days delay in re-filing the appeal & 3947/2015 (for stay) This intra-court appeal impugns the order dated 1st September, 2014 of the learned Single Judge of this Court in W.P.(C) No.363/2012 filed by the respondents No.1&2. Though the appeal is accompanied with applications for condonation of 72 days delay in filing and 63 days delay in re-filing the appeal and considering the nature of the controversy, there was no reason for the delay after which this appeal has been filed and we are also not satisfied with the sufficiency of the reasons given for the delay but having also gone through the memorandum of appeal and having prima facie not found any merit in the appeal, we have without concerning ourselves with the aspect of delay, heard the counsel for the appellant on merits of the appeal. Only for this reason, the delays in filing and re-filing the appeal are condoned.
(2.) The respondent No.1 Nitishwar Ayurved Medical College and of which the respondent No.2 is the Principal, was established in or about the year 1979 for imparting education in indigenous medicine (Ayurveda) and was admitting 50 students each year. Upon amendment of the Indian Medicine Central Council Act, 1970 with effect from 7th November, 2003, requiring prior permission for establishing / setting up of medical colleges or increasing admission capacity therefor and also requiring the existing Medical Colleges to seek such permission within three years i.e. by 7th November, 2006, the respondent No.1 College sought permission and was vide letter dated 1st May, 2007 granted permission to admit students for the academic session 2007-08. Thereafter also permission to admit students were given for the academic sessions 2008-09, 2009-10, 2010-11. However there was a delay on the part of the respondent No.3 Central Council of Indian Medicine (CCIM) (respondent No.4 is Baba Saheb Bhimrao Ambedkar University, Bihar to which the respondent No.1 Medical College is affiliated) in processing the case of the respondent No.1 Medical College for grant of permission for the year 2011-12 and which resulted in the respondent No.1 Medical College filing W.P.(C) No.7713/2011 in this Court. The said writ petition was entertained and since the time for admitting students was expiring on 31st October, 2011 and finding that the delay was on the part of the respondent No.3 CCIM, vide interim order dated 24th October, 2011 in the said writ petition, the respondent No.1 Medical College was granted permission to admit 50 students in the Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S.) course for the year 2011-12 on the condition to inform the students that their admission shall be subject to further orders in the writ petition. In pursuance to the said interim order, the respondent No.1 Medical College admitted 50 students to the said course. However the appellant vide order dated 25th October, 2011 found the respondent No.1 Medical College ineligible for grant of permission for the year 2011-12 on the ground that the respondent No.1 Medical College had been unable to show the Hospital attached to it to be having sufficient number of patients in the Out-patient and In-patient Departments. In view thereof, W.P.(C) No. 7713/2011 was disposed of with liberty to the respondent No.1 Medical College to challenge the said order dated 25th October, 2011 by a separate petition and further clarifying that the fate of the students admitted under the interim order in the said petition would be dependent upon the orders in a proceeding to be filed by the respondent No.1 Medical College challenging the order dated 25th October, 2011 of denial of permission for the year 2011-12.
(3.) The respondent Nos.1&2 then filed W.P.(C) No.363/2012 from which the appeal arises, impugning the order dated 25th October, 2011 of refusal of permission for the year 2011-2012. Vide interim order in the said petition, the students admitted for the said academic year under interim order in the earlier writ petition were continued subject to the outcome of the said petition. W.P.(C) No.363/2012 remained pending till its disposal vide the order impugned herein i.e. the order dated 1st September, 2014. The learned Single Judge has allowed the writ petition i.e. by setting aside the order dated 25th October, 2011 of the appellant of denial of permission to admit students for the year 2011-12 in the peculiar facts and circumstances of the case and for the reason, i) that the respondent No.1 Medical College had been granted the requisite permission to admit students for the subsequent academic year 2012- 13 also meaning that the deficiency on account of which permission was denied for the year 2011-12 stood rectified, ii) the High Court of Karnatka (in W.P.(C) No.39573/2010) also, finding that the students had already been admitted and the deficiencies stood rectified and that the students so admitted had already appeared in the examinations in pursuance to the permission granted by the Court by way of interim order had considered it inappropriate to deny approval / permission for one year in between, iii) that the said order of the Karnataka High court had been implemented by the appellant, iv) that it would be unfair and not prudent to cancel the admission of the students who had already been admitted and given their theory exam.;