Need of the hour is to encourage institutes with necessary infrastructure for running Ayurvedic Medical Colleges: HC
New Delhi: The Delhi High Court has said that it is the need of the hour to encourage institutes which possess the necessary infrastructure for running ayurvedic medical colleges, to contribute to the bigger goal of strengthening the infrastructure of this system of medicine in the country, legal news website Live Law reported.
Justice Rekha Palli made the observation while allowing a plea filed Sumandeep Vidyapeeth, an Institute Deemed to be University, desirous of starting a new Ayurvedic Medical College with 100 seats in the undergraduate (UG) programme Bachelor of Ayurveda Medicine and Surgery for the Academic Year 2021-2022.
The petitioner institute had challenged the denial order dated 31.01.2022 passed by the Medical Assessment and Rating Board of the Indian System of Medicine vide which its scheme for commencement of the said course was rejected.
The petitioner also assailed the orders dated 24.02.2022 and 31.03.2022 passed by the respondent authorities whereby its first appeal and second appeal against the denial of Letter of Permission was rejected.
The Court thus allowed the plea by quashing the impugned order dated 31.03.2022 passed by the Union of India. However, the Court said that no orders were called for in respect of the impugned orders which 31.1.2022 and 24.02.2022 as they stood merged in the impugned order dated 31.03.2022.
"The respondents are directed to forthwith issue a letter of permission to the petitioner institute to participate in the remaining rounds of counselling for admission to 80 seats in BAMS for the academic year 2021-2022," the Court directed.
The petitioner haad approached the Health and Family Welfare Department, state of Gujarat seeking a No Objection Certificate as required under the Indian Medicine Central Council (Requirements of Minimum Standard for undergraduate Ayurveda Colleges and attached Hospitals), Regulations, 2016. On 29.08.2020, the state government, after satisfying itself with the infrastructure and clinical material in the petitioner institute issued a NOC for establishment of an ayurveda college with the admission capacity of 60 seats in BAMS course to the petitioner.
On 23.09.2020, the petitioner, armed with this NOC, submitted an application to respondent no.2 under section 13A of the Indian Medical Central Council Act, 1970 for establishment of Sumandeep Ayurveda Medical College and Hospital. The said application was rejected by the respondent no.1 on 18.11.2020 for want of an updated Consent of Affiliation from the affiliating university as it was the petitioner's case that on account of being deemed to be university as per the UGC norms, it did not require a Consent for Affiliation. Aggrieved thereby, the petitioner approached the High Court against the respondents' refusal to consider its application on the aforesaid ground and it was only after the intervention of the Court that the respondent no.1 agreed to process the petitioner's application without insisting on a Consent for Affiliation.
