- (1.) The petitioner, which is a self financing Ayurvedic Medical College, has a permission for annual intake capacity of 60 students. For the session 2012-13, the intake capacity of the petitioner-College for Under Graduate B.A.M.S. Course, has been reduced from 60 seats to 50 seats. This reduction is ordered only on the ground that one teacher is deficient in the College, which has on its roll 38 eligible teachers against the requirement of 39 in terms of the instructions/regulations governing the issue. The petitioner-College accordingly has approached this Court through the present writ petition to impugn this order on the ground that the order passed by the respondents on this count is irrational and illogical as one teacher held ineligible because of absence can not be taken as deficiency especially so when he had gone to attend extreme domestic emergency due to sickness of his father and so was not present in the premises of the College on the day of inspection.
(2.) The facts, noticed in brief, are that as per the requirement of regulations known as Indian Medicine Central Council (Minimum Standard requirements of Ayurveda Colleges and attached Hospitals), Regulations 2012 (for short, "Regulations 2012"), which are applicable w.e.f. 18.7.2012, only 30/27 teachers are required for intake capacity of 60 students. It is stated that the impugned order is dated 24.8.2012 and, thus, the current norms as contained in Regulations 2012 referred to above would apply on the date the impugned order was passed and the College, thus, would fulfill the requirement of faculty, as per this Regulation. The petitioner, therefore, would term the impugned order to be arbitrary and one which was passed without application of mind.
(3.) The pleaded case even otherwise is that deficiency of one teacher can not be a sufficient ground to reduce the intake capacity by 10 seats and the time ought to have been granted to the petitioner-College to appoint more teachers and indeed the petitioner factually has appointed five more teachers, increasing the strength of faculty to 43 teachers, which are on the role of College as on date. The petitioner-College otherwise was set-up in 1998-99 and was granted no objection/essentiality certificate by the State of Punjab. The petitioner-College had applied for and was granted admission for starting Ayurvedic Medical College and Hospital by the Central Council of Indian Medicine (CCIM) and the Government of India for session 1998-99. Since then the College has been granted permission every year.;