- (1.) The factual background is necessary for the disposal of civil miscellaneous No. 13329 of 1989 in CWP No. 7306 of 1987 and civil miscellaneous No. 13255 of 1989 in CWP No. 2190 of 1987 is as follows :-
(2.) The petitioner in the aforesaid two writ petitions are Ayurvedic Colleges being run at Chandigarh and Moga, respectively. They had been running teaching classes in Ayurveda. They have been affiliated with the Punjab State Faculty of Ayurveda and Unani Systems of Medicine, Chandigarh, respondent No. 6. For certain purposes, they are also being governed by the Central Council of Indian Medicine, New Delhi, respondent No. 5. By letter Annexure P-3 filed with the writ petition dated 2.4.1987, respondent No. 5 wrote the petitioner colleges that further admission can be allowed only after affiliation of the petitioner institution with any University of the State. This was repeated in paragraph 2 of the letter Annexure P-4 dated 27.5.1987. The petitioner Colleges approached the Punjab University, Chandigarh, and the Panjabi University, Patiala, for seeking affiliation. Panjab University expressed its inability as there was no faculty of Ayurveda and the Punjabi University expressed its difficulty as Chandigarh and Moga Colleges were outside its territorial jurisdiction.
(3.) Faced with difficulty, the petitioners instituted two Civil Writ Petitions and disaffilliation was stayed which is continuing. In the academic session 1987-88 and 1988-89, this Court passed orders restraining respondent No. 5 from withholding permission to admit students in the said colleges. As the writ petitions have not been disposed of, the requisite permission for academic year 1989-90 is required. The applications have been opposed on the sole ground that under the Indian Medicine Central Council Act, 1970 , the Council, respondent No. 5 had nothing to do with the admission of students, and therefore, the council cannot be asked either to grant such a permission or to withhold such a permission. Sections 21 and 22 empower the Central Council to extend or withdraw recognition to an institution imparting education in Indian System of Medicine. This function is discharged by the inspection of the institution concerned through inspectors or visitors. The Council has to satisfy itself with regard to the staff, equipment, accommodation and other facilities available in the institution. Under Section 22 the Council prescribes the minimum standard of education in Indian Medicine required for granting recognised qualifications by the Universities, Boards or medical institutions in India. On an overall assessment of the relevant factors some of which have been mentioned above the number of seats in college or institution is approved and this approval in the case of both the colleges has been granted in the past and is sought for the academic session 1989-90. Learned counsel for the petitioners stated at the bar that the colleges in question did not propose to enhance the number of seats which have been existing in the preceding years. After hearing the learned counsel for the parties and in view of the facts and circumstances of the case-brief touched upon above, it is directed that respondent No. 5 shall not withhold its approval about the existing number of seats in the petitioner colleges for the academic session 1989-90. The two civil miscellaneous are disposed of in these terms.q;