SANGEET LODHA,J. - (1.) These intra court appeals are directed against a common order dated 16.2.18 passed by the learned Single Judge of this court, whereby the writ petitions preferred by the respondents institutes and other connected petitions, seeking a direction to the appellants herein for consideration of their applications for establishment of new Ayurveda/Homeopathic college for the Academic Session 2018-19 stand disposed of with the directions in the following terms: "Resultantly, the present writ petitions are disposed of with a direction to the respondent-Central Government to forward the applications of the petitioner-institutes to the Central Council of Indian Medicine within two weeks from the date of receipt of this order and the Central Council of Indian Medicine thereafter shall hold the inspection within two weeks of the receipt of the applications so forwarded by the Central Government. On receipt of the said inspection report, the requisite approval/recognition, shall be, accordingly, accorded in favour of the petitioner institutes for the academic session 2018-19 or else a speaking order shall be passed, as the case may be."
(2.) Precisely, the case of the respondents-institutes before the learned Single Judge was that the application seeking sanction for establishment of new Ayurveda/Homeopathic college were required to be accompanied by "No Objection Certificate" (NOC) issued by the State Government. The NOC was issued to the respondents by the State Government on 30.5.17 and thereafter, the respondents-institutes immediately submitted their application seeking sanction for establishment of Ayurveda/Homeopathic college on 31.5.17. However, their applications were declined to be considered inasmuch as, the same were submitted beyond the prescribed time schedule. The stipulated date for submission of the application for grant of sanction was 30.4.17. It was contended on behalf of the appellants before the learned Single Judge that the recognition has to be granted as per the statutorily prescribed conditions and their strict adherence by all concerned is mandatory. It was contended that admittedly, the respondents institutes had submitted the applications beyond the cut off date and therefore, rejection thereof cannot be faulted with.
(3.) The learned Single Judge noticed that the applications preferred by some of the institutes which were accompanied by NOC issued by the State Government were considered and forwarded by the Central Council of Indian Medicine (C.C.I.M.) for further consideration for academic session 2018-19 and thus, one of the statutory requirement that the application should be accompanied by NOC was overlooked, but the applications of such applicants were entertained only because they were received before 30.4.17. The learned Single Judge observed that the respondents-institute bonafidely waited till such time they received NOC and thereafter, immediately sent their applications duly accompanied with the NOC and thus, non consideration of their applications was justified moreso when the meeting of the C.C.I.M. for consideration of the application was held on 31.7.17 and 1.8.17 and admittedly, the applications of the respondents-institutes although sent after 30.4.17 were received much before 31.7.17 i.e. before the scheduled meeting. The learned Single Judge opined that the applications preferred by the respondents-institutes were on a better footing than those whose applications received without NOC. The learned Single Judge also noticed that the State Government had requested the Central Government to extend the time for considering the delayed applications vide their communication dated 27.5.17 inasmuch as, there was no fault on the part of the respondents-institutes in any manner as the delay was caused at the behest of the State Government. Accordingly, while relying upon a single Bench decision of this court at Jaipur Bench in similar set of circumstances in S.B.C.Writ Petition No.330/17 (Maharishi Arvind University, Mundiarmsar v. Central Council of Indian Medicine and Ors.) , the petitions were disposed of with the directions in the terms indicated above.;