S V S EDUCATIONAL AND SOCIAL SERVICE TRUST Vs. SECRETARY DEPARTMENT OF AYURVEDHA

JUDGEMENT

(1.) THE petitioner Trust is running a college in the name of S.V.S.Medical College of Yoga and Naturopathy and Research Institute at Bhangaram, Salem District. The college is offering 5-1/2 years course in Bachelor of Naturopathy and Yogic Sciences which is the medical degree course with one year compulsory rotator internship. In this writ petition, they sought for a direction to the first respondent, Government of India, Department of Ayurvedha,Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) coming under the Ministry of Health and Welfare, to consider their representation dated 22.3.2012 and based on the representation to issue a direction to the second respondent Central Council for Homeopathy to conduct re-inspection so as to find out whether the petitioner had complied with the minimum requirements contemplated under Section 12 of the Homeopathy Central Council Act, 1973 as well as regulations framed thereunder and to grant necessary permission to run the institution.

(2.) WHEN the writ petition came up for admission on 25.04.2012, this court directed the learned Senior Central Government Standing Counsel Mr.Haja Mohideen Gisthi to take notice for the first respondent and Ms.Narmada Sampath, learned Standing Counsel for the Tamil Nadu Dr.M.G.R.Medical University, the third respondent. On behalf of first respondent, a counter affidavit, dated 06.06.2012 has been filed.

(3.) IN the counter affidavit, it was stated that the petitioner was given an opportunity of hearing on 17.01.2012 in terms of Section 12A(4) of the HCC Act. The petitioner had failed to substantiate their claim that such deficiencies do not exist. Though they claimed that six class rooms were shown to the council visitation team, they could not provide any supporting document in respect of completion of their building and availability of six class rooms. It was stated that there was only one class room against the requirement of six class rooms. There were only 11 teachers against the requirement of 43 teachers. Further, there was only 15 hospital staff as against the requirement of 50. In terms of equipment, out of 470 equipment required, there were only 217 equipments available. The availability of museum, teaching lab, clinical laboratory, library and functional operation theatre were also not mentioned. The outpatient department and inpatient department registers were not produced. The department of Pathology and Microbiology, Community Medicine, Practice of Medicine, Surgery, Gynecology, Forensic Medicine and Repertory were under construction. Even the accommodation for hospital Superintendent and Medical Officer was not available in the hospital. During the visit of the team, it was claimed that they had 20 teaching faculty. They have submitted the appointment order, degree certificate and joining report of 33 teaching staff. On examination of the documents, it was found that 11 teachers have joined the college on 24.02.2011 and letters of appointment were issued only on 14.02.2011. The date of joining and the date of offer of appointment in the case of other 21 teachers were same. Though they claimed that all teachers have joined the college, they could not produce the attendance register with supporting affidavits. Hence the documents produced by them were spurious. They claimed that they had 58 hospital staff, who were present on the date of inspection. Though they submitted appointment orders, joining letters and educational certificate of hospital staffs, the joining letters given by the 13 staff were without signature. It was claimed that one A.Selvaraj had joined the college on 14.02.2010, but the appointment order was issued to him only on 14.02.2011. His name was also not found in the attendance register.