NIROGDHAM JAN KALYAN SEVA SANSTHAN Vs. UNION OF INDIA
LAWS(RAJ)-2021-3-140
HIGH COURT OF RAJASTHAN
Decided on March 02,2021

Nirogdham Jan Kalyan Seva Sansthan Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Issue notice. Ms. Dhawan accepts notice on behalf of respondent Nos. 1 and 6. Ms. Archana Pathak Dave accepts notice on behalf of respondent Nos. 2 and 3. Notice be issued to respondent Nos. 4 and 5, dasti in addition.
(2.) The petitioners challenge orders passed by the Union of India ['the Union'] dated 04.02.2021 (in the case of W.P.(C) No. 1794/2021) and 03.02.2021 (in the case of W.P.(C) No. 1819/2021), by which their applications for permission to admit students in their UG (BAMS) courses for the academic year 2020-21 were declined. As the facts and grounds of challenge are substantially similar, both petitions have been taken up for hearing together.
(3.) The facts are noted from W.P. (C) 1794/2021. Prior to the impugned order dated 04.02.2021 being passed, a show cause notice dated 08.01.2021 was issued to the petitioner in which the following deficiencies were pointed out:- 'On examining the same in terms of the Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Ayurveda Colleges and attached Hospitals) Regulations, 2016, provisions under the IMCC Act, 1970, relevant regulations made there under, it appears that, the college is not fulfilling following requirements: 1) Total 11 eligible teachers are available against the requirement of 45 eligible teachers for grant of permission as per RMS, 2016. Total percentage of teaching staffs available is only 24.44% against the minimum essential requirement of 90% for conditional permission. 2) 02 HF is not available in each department of Rachana Sharir, Kriya Sharir, Dravyagun, Vigyan, Rasa Shastra and Bhaishajya Kalpana, Rog Nidan avum Vikriti Vigyan, Swasthavritta and Yoga, Kaumarbhritya --Bala Roga, Kayachikitsa, Pancharma, Shalyatantra and ShalakyaTantra against the minimum requirement of 02 3) 01HF is not available in each Department of Ayurved Samhita and Siddhant, Agad Tantraavum Vidhi Vaidyaka and Prasuti and Stri Roga against the minimum requirement of 02 4) 02 lower faculty is not available in Department of Kayachikitsa against the minimum requirement of 02 5) 01 lower faculty is not available in each Department of Ayurved Samhita and Siddhant, Rachana Sharir, Rasa Shastra and Bhaishajya Kalpana, Rog Nidan avum Vikriti Vigyan, Swasthavritta and Yoga, Prasuti and Stri Roga, and Kaumarbhritya against the minimum requirement of 01 6) 01 Obstetrician and gynaecologist and 01 pathologist is not available against the minimum requirement of 01 7) College website is not updated as per subregulation 2 (e), (f), (g), (h), (k), (1), and (n) of regulation 9 of RMS 2016'. ;


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