RAMESH RANGANATHAN, J. - (1.) This Special Appeal is, no doubt, preferred against the interlocutory order passed by the learned Single Judge, and the writ petition is still pending before him. Mr. T.A. Khan, learned Senior Counsel, would express urgency and submit that, since the High Court is closed for Deepawali vacation from 24.10.2019 to 30.10.2019 and the last date for admission of students is 30.10.2019, any delay in hearing the matter would render the writ petition infructous, and deprive the appellant of the opportunity to admit students in its college for the academic session 2019-2020. Since the contentions urged before us are based on the impugned order, and on the statutory regulations applicable thereto, we heard Mr. V.K. Kaparwan, learned counsel for AYUSH and Mr. Ramji Srivastava, learned counsel for the Central Council of Indian Medicine (in short "CCIM") respondent no. 2, and, with their consent, are disposing of the Writ Petition itself.
(2.) The impugned order dated 09.10.2019 records that, in view of the short comings and deficiencies and in terms of the provisions of IMCC Act and the relevant Regulations, the Central Government had decided to deny permission to the appellant-writ petitioner college for taking admission in the under graduate (BUMS) course with 60 seats under Sections13A/13C of the IMCC Act for the academic session 2019-20. The shortcomings, pointed out in the impugned order, read as under: "1. Teaching Staff: a. There is no LF in Ain-Uzn-Anf-Halaq wa Asnan department. b. There is only 01 LF in department of Moalajat against the requirement of 02." 2. Instruments and Equipments:- Colorimeter (Photoelectric) is not available in Physiology (Munafeul Aza) Lab. 3. College has not submitted the visitation fees for regular as well as fresh inspection on Court order, instead, submitted expired Demand Draft dated 24.01.2019 to Council. 4. "As per regulation, all shortcomings observed for the academic session 2019-20 should have been fulfilled on 31.12.2018."
(3.) Mr. T.A. Khan, learned Senior Counsel appearing on behalf of the petitioner, would draw our attention to the Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Unani Colleges and attached Hospitals) Regulations-2016 (for short the "2016 Regulations") which were made by the Central Council for Indian Medicine in the exercise of its powers under Section 36(J) of the Indian Medicine Central Council Act, 1970 with the approval of the Central Government. Regulation 3 of the 2016 Regulations relates to the requirement of minimum standards for grant of permission and, under Sub-Regulation 1(a), the Unani Colleges established under Section 13A , and existing under Section 13C of the Act and their attached hospitals, shall fulfill all the requirements of minimum standards for infrastructure, teaching and training facilities referred to in Regulation 4 to 11 upto the 31st of December of every year for consideration of grant of permission for undertaking admissions in the ensuing academic session.;