Hiranmay Bhattacharyya - (1.) The instant appeal has been preferred by Raghunath Ayurveda and Hospital and its Principal challenging the order dated November 13, 2018 passed by the Learned Single Judge in WP No. 2233 (W) of 2018 whereby the writ petition was dismissed.
(2.) The case made out by the writ petitioners/appellant is that the appellant is an institution of Ayurvedic Education and the West Bengal University of Health Sciences Kolkata, after inspection has been recommended its support for an establishment of a degree college (BAMS Course) as per the specification of Central Council of Indian Medicine (hereinafter referred to as "CCIM" for short). It was further stated that on the basis of an application seeking permission of the Central Government under Section 13(A) of the Indian Medicine Central Council Act, 1970 to start new college under graduate course with 50 seats, the Secretary to the Government of India Ministry of Health and Family Welfare, Ayush, granted permission to establish new Raghunath Ayurveda Mahavidyalaya and hospital vide Memo dated October 29, 2013 with effect from the session 2013-2014. It was further stated that permission was also granted for the session 2014-2015 and 2016-2017.
(3.) The Under Secretary to the Government of India Ministry of Ayush by a letter dated August 9, 2018 forwarded the recommendations and inspection report of the CCIM on May 31, 2018 to reassess the available facilities of teaching and practical training as well as to verify the compliance report submitted by the college. The writ petitioners/ appellant herein by a letter dated August 14, 2018, informed the Under Secretary, Government of India, Ministry of Ayush that they have complied with the short-comings as indicated in the inspection report and submitted the compliance reports along with the said letters. Thereafter, the Under Secretary to the Government of India, Ministry of Ayush passed an order dated September 26, 2018 whereby the writ petitioners/appellant was denied permission for taking admission to BAMS course for the academic session 2018-219.;