TaxTMI 
TaxTMI 
2012 (3) TMI 742
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....etition and 26 students of the Degree course in Ayurveda (BAMS) have come up with the Second Writ Petition. I have heard Mr. S. Senthilnathan, learned Counsel for the Petitioners, Mr. S.T.S., Murthi, learned Special Government Pleader appearing for Respondents 1, 3 & 4, Mrs. Narmada Sampath, learned Counsel appearing for the Second Respondent-University, Mr. S. Haja Mohideen Gisthi, learned Senior Central Government Standing Counsel appearing for the Fifth Respondent and Mr. M.T. Arunan, learned Standing Counsel for the Sixth Respondent. 2. Since the First Writ Petition relates to the Government Siddha Medical College and the Second Writ Petition relates to Government Ayurveda Medical College and also since there is some distinction on facts between the two cases, I shall present the facts arising in each of these Writ Petitions separately. Thereafter, I shall deal with the issues arising in the Writ Petitions, together. W.P. No. 3589 of 2012: 3. The Government Siddha Medical College, Palayamkottai, Tirunelveli District is one of the oldest Siddha Medical Institutions in the State and elsewhere. It was established several decades before any statutory regulation of the prof....
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....cine Central Council Act came into force only in 1971 (& 1976), Chapter-II-A containing Sections 13A, 13B & 13C were inserted in the Act only by the Indian Medicine Central Council (Amendment) Act, 2002, published in the Government Gazette on 9.12.2002 and enforced from 28.1.2003. Chapter-II-A was amended further by an Amendment Act of 2003, which was published in the Gazette on 31.12.2003 and enforced with effect from 7.11.2003. 12. Since the resolution of the controversy on hand would eventually depend upon the provisions contained in this Chapter-II-A, it is necessary to extract relevant parts of Sections 13A & 13C of the Act. Therefore, they are extracted as follows: 13A. Permission for establishment of new medical college, new course of study, etc.-- (1) Notwithstanding anything contained in this Act or any other law for the time being in force- (a) no person shall establish a medical college; or (b) no medical college shall - (i) open a new or higher course of study or training, including a post-graduate course of study or training, which would enable a student of such course or training to qualify himself for the award of any recognised....
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....college concerned and having regard to the factors referred to in sub-section (8), either approve the scheme with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall constitute as a permission under sub-section (1): Provided that no scheme shall be disapproved by the Central Government except after giving the person or medical college concerned a reasonable opportunity of being heard: Provided further that nothing in this sub-section shall prevent any person or medical college whose scheme has not been approved by the Central Government to submit a fresh scheme and the provision of this Section shall apply to such scheme, as if such scheme had been submitted for the first time under sub-section (2). (6) Where, within a period of one year from the date of submission of the scheme to the Central Government under sub-section (2), no order is communicated by the Central Government to the person or medical college submitting the scheme, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted, and, accordingly, the permission of the Central Governmen....
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....seeking permission for certain existing medical colleges.-- (1) If any person has established a medical college or any medical college has opened a new or higher course of study or training or increased the admission capacity on or before the commencement of the Indian Medicine Central Council (Amendment) Act, 2003, such person or medical college, as the case may be, shall seek, within a period of three years from the said commencement, permission of the Central Government in accordance with the provisions of Section 13A. (2) If any person or medical college, as the case may be, fails to seek permission under sub-section (1), the provisions of Section 13B shall apply, so far as may be, as if permission of the Central Government under Section 13A has been refused. 13. Before proceeding further, I must record the fact that the qualifications and institutions named from Sl. Nos. 93 to 98-C in the Second Schedule to the Act, relate to the State of Tamil Nadu. It may be necessary to extract here, the qualifications, the names of the institutions and the period from which those institutions are functioning, as indicated in the Second Schedule to the Act, in order to appreciat....
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....y the 5th Respondent, was in existence for at least 5 decades before the Act came into force. 14. It is seen that the object of the Act, in the first instance, when it was enacted, was only to regulate the profession, evolve uniform standards of education and to maintain a Central Register. The power to recognise and regulate institutions imparting education relating to these systems of medicine, became vested in the Central Government only in 2003 with the insertion of Sections 13A to 13C. But it took 3 more years after the insertion of these provisions, for the Central Council of Indian Medicine to issue a set of Regulations known as "Indian Medicine Central Council (Permission to Existing Medical Colleges) Regulations, 2006, in exercise of the power conferred by Section 36 of the Act. The Regulations were notified on 6.10.2006. 15. Since Section 13C came into force only with effect from 28.1.2003/ 7.11.2003 by the two Amendment Acts of 2002 and 2003, the Regulations defined an "Existing Medical College" to mean a Medical College established on or before 7.11.2003. It was under Regulation 3 of these Regulations that an existing Medical College was required to submit an Appl....
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...., in furnishing any particulars called for by the Central Council or the Central Government, will stand excluded from this period of one year, in view of sub-section (7) of Section 13A. 19. Once it is conceded that an existing Medical College was required to submit an Application on or before 6.11.2006 in terms of Regulation 3 and once it is seen that a definite period of time is stipulated under sub-section (6), subject to sub-section (7) of Section 13A, it would follow as a logical sequence that if no order had been communicated on or before 6.11.2007, permission should be deemed to have been granted {subject however to the time spent on correspondence under sub-section (7)}. 20. Perhaps keeping in mind the prescription contained in Regulation 3 and the deeming fiction contained in sub-section (6) of Section 13A, it was stipulated under Regulation 11 that the time schedule for processing of cases will be notified by the Government. Though there are no pleadings on both sides as to whether any such time schedule was fixed by the Central Government in terms of Regulation 11, it was brought to my notice in the course of hearing of these Writ Petitions that the Central Governme....
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.... dated 1.7.2008. After scrutinising the recommendations of CCIM, the Department of AYUSH passed an order dated 26.8.2008 granting conditional permission to the Government Siddha Medical College, Palayamkottai, for the conduct of BSMS courses with admission capacity of 100 seats and for the conduct of Post Graduate courses in six subjects with total intake capacity of 60 students for the academic year 2008-2009. Though it was made clear by the said order dated 26.8.2008 that certain deficiencies noted therein should be rectified before 31.12.2008, it was also stated therein that the deficiencies are not serious enough to deny permission to the college. 23. It appears that after the issue of the order dated 26.8.2008, an inspection of the college was carried out on 5.2.2009 by the CCIM. A report was submitted thereafter on 15.4.2009 for the academic year 2009-2010. In the report, the CCIM appears to have pointed out 3 deficiencies, namely (i) that nine more teachers for Under Graduate teachers and one additional Post Graduate teacher should be appointed, as there were 41 teachers as against the norms of 50 teachers; (ii) that non teaching staff should be appointed in all teaching ....
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....(ii) Teachers/Consultants of modern medicine like pathologist, radiologist, anesthetist, gynaecologist, surgeon, pharmacologist and chemist should be appointed on contract basis/part time/full time. (iii) Hospital staff including laboratory staff should be appointed as per CCIM norms and Regulations. 25. The order dated 19.8.2010 of the Government of India, was the fourth order passed under the aforesaid Regulations and it related to the academic session 2010-2011. Therefore, the permission granted under this order was naturally valid till the end of the academic session, which perhaps fell in April/May 2011. 26. But in the meantime, the CCIM appears to have finalised, in a meeting held on 10.3.2011, the minimum standards requirements for Ayurveda, Siddha and Unani colleges for the academic session 2011-2012. The Competent Authority appears to have approved the minimum standards recommended by the CCIM and a letter dated 18.3.2011 was sent by the Under Secretary to Government, Department of AYUSH, to the CCIM, conveying their approval for the minimum standards requirements recommended by the CCIM. The minimum norms prescribed by CCIM and approved by the Central Gover....
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....f 50%. 30. Therefore, the First Respondent passed an order dated 30.8.2011, refusing to grant permission to the Government Siddha Medical College for the admission of students to the Under Graduate as well as Post Graduate Courses for the academic year 2011-2012. It was also indicated in the said order that the college could set right the deficiencies, on or before 30.11.2011, so that the question of grant of conditional permission for the academic year 2012-2013 could be considered. 31. Challenging the said order, the Government of Tamil Nadu filed a Writ Petition in W.P. No. 21776 of 2011. Pending Writ Petition, the Government sought interim orders in M.P. Nos. 2 & 3 of 2011 for conducting Counselling and admitting students. Along with the said Writ Petition, the Government of Tamil Nadu filed one more Writ Petition in W.P. No. 21775 of 2011, challenging a similar order passed in respect of the Government Ayurveda College. On the Petitions for interim relief filed in both Writ Petitions, this Court passed an interim order on 29.9.2011 to the following effect: These Writ Petitions are filed challenging the order rejecting the renewal of permission for the academic y....
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.... granted by Respondents 1 & 2 for the academic year 2011-2012 and merely because any student is allotted and admitting in any Course, the said student shall not plead any equity. 5. The Petitioners are directed to file the progress report before this Court, within two weeks and also send a report to Respondents 1 & 2 for their perusal and passing appropriate orders. Post these Writ Petitions after two weeks. 32. Accordingly, the Government proceeded with the Counselling and admission of students and also sent a compliance report dated 14.10.2011 along with an Inspection Report dated 11.10.2011 of the Inspection Team. But there was no response to the compliance report. In the meantime, the Writ Petition itself was taken up for final hearing along with the other Writ Petition and disposed of by a common order dated 5.1.2012, directing the Respondents 1 & 6 to look into the compliance report and take a decision. 33. In pursuance of the aforesaid order, the Principal Secretary to Government of Tamil Nadu, Department of Health and Family Welfare addressed another communication dated 13.1.2012 to the First Respondent, enclosing a copy of the order passed by this C....
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.... Medicine and Surgery Course in a Government Ayurveda Medical College and Hospital. The Kanyakumari District is an apt place to start an Ayurveda College, since the Ayurvedic medicines and treatment is very much popular among the public of Kanyakumari District and a large number of public living in and around the Kanyakumari District are opting for Ayurveda treatment. Hence, the Government considered that it would be very ideal to locate the Government Ayurveda Medical College at Nagercoil, Kanyakumari District. 36. The Government order extracted above shows the noble object with which the Ayurveda college was established by the Government. Though the college was established after Chapter II-A of the Act came into force, it must be remembered that the Regulations were notified only on 6.10.2006. 37. Therefore, the Government of Tamil Nadu sought permission vide letter dated 15.4.2009, to establish the Ayurveda Medical College at Kottar. After scrutinising the Application, the Central Government accorded permission, by a letter dated 30.10.2009, to the Government of Tamil Nadu to establish the college with annual intake capacity of 50 seats in BAMS course from the aca....
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....t all. 40. However, the representatives of the college participated and made their submissions on 4.7.2011. Thereafter, the Government of Tamil Nadu also issued newspaper advertisements on 14.8.2011 for filling up the post. 41. But in the meantime, the First Respondent passed an order dated 18.8.2011 refusing to grant permission to the college for admission to BAMS course for the academic year 2011-12. Therefore, after making appointments and filling up all posts on 25.8.2011 and after making a representation to the Central Government, the Government of Tamil Nadu filed a Writ Petition in W.P. No. 21775 of 2011, challenging the order dated 18.8.2011. 42. This Writ Petition W.P. No. 21775 of 2011 relating to Ayurveda college was taken up along with W.P. No. 21776 of 2011, which related to Siddha college and an interim order was passed on 29.9.2011. I have already extracted the said order earlier. However, by a subsequent order dated 4.11.2011, the colleges were directed not to conduct classes for the first year students for the academic session 2011-12. 43. However, W.P. No. 21775 of 2011 was subsequently disposed of along with the other Writ Petition relating to Siddha ....
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....itions filed by the Government of Tamil Nadu in W.P. Nos. 21775 & 21776 of 2011, it was made clear that the admission of the students for the current academic year was subject to the ultimate decision taken by the Central Government and that the students shall not plead any equity. By a subsequent order dated 4.11.2011, the Siddha as well as Ayurveda colleges were directed not to conduct classes, but the State Government appears to have continued to conduct classes in violation of the orders of this Court. Therefore, the students cannot now challenge the impugned orders. (iii) Both the colleges were granted only conditional permissions in the previous academic years, but they have not fulfilled those conditions. They have not rectified the deficiencies pointed out before the cut off date for admission, viz., 31.10.2011 and hence the Central Government could not grant permission for the current academic year. (iv) The fact that the Minimum Standards Norms prescribed by the Central Government on 18.3.2011 are not fulfilled, is not disputed by the State Government. It was already made clear in the communication dated 21.3.2011 that the fulfillment of the Minimum Stan....
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....ral Government. The fact that they are not entitled to plead equity is completely different from their right to challenge-the orders of rejection passed by the Central Government The Petitioners have not mortgaged or forfeited their right to challenge the orders of rejection passed by the Central Government. The right to approach this Court under Article 226 cannot be said to have been given up by the Petitioners, by virtue of the interim order dated 29.9.2011, preventing them from claiming equity. Therefore, the first two contentions are rejected. Contention No. (iii): 50. The third contention is that both the Colleges were granted only conditional permissions in the previous academic years and that since they had not rectified the deficiencies before the cut off date for admission, it was not possible to grant permission. 51. Before taking note of the deficiencies on account of which the Central Government had rejected permission to the Government Colleges of Siddha and Ayurveda, it is necessary to take a small detour. This necessity has arisen on account of two basic facts viz.- (i) that we are now dealing with Colleges teaching indigenous systems of medicine, ....
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....placing the lens to improve vision. 53. In a Book titled "Man and Medicine - A History" authored by Farokh Erach Udwadia, an Emeritus Professor of Medicine (Allopathy) and published by Oxford University Press (2001 Edition), an interesting event is reported at page No. 43. It is about the documented performance of rhinoplasty (for which Susruta was famous) witnessed and recorded in 1793 in Pune. A Parsee gentleman by the name of Cowasjee, who was serving the English Army at the time of the Mysore War in 1792, was captured by the soldiers of Tipu Sultan. His nose and one hand was cut off. He and 3 of his friends, who had met with the same fate, consulted a person who was only a bricklayer by profession. The bricklayer performed a surgery, which was witnessed by Thomas Crusoe and James Findlay, Senior British Surgeons in Bombay Presidency. They described and drew the skin graft procedure and the same was published in the Madras Gazette. It was later reproduced in the October 1794 issue of the Gentleman's Magazine of London. The surgery was described in the following words: A thin plate of wax is fitted to the stump of the nose so as to make a nose of a good appearance....
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....assures me, that the ancient Hindus used animal vaccination secured by transmission of the smallpox virus through the cow, and he bases this interesting theory on a quotation from a writing by Dhanwantari, the greatest of the ancient Hindu physicians, which is so striking and so appropriate to the present occasion that I must take the liberty of reading it to you. It is as follows: Take the fluid of the pock on the udder of the cow or on the arm between the shoulder and elbow of a human subject on the point of a lancet, and lance with it, the arm between the shoulders and elbows until the blood appears : then mixing the fluid with the blood the fever of the smallpox will be produced. This is vaccination pure and simple. It would seem from it that Jenner's great invention was actually forestalled by the ancient Hindus. 57. As is the case with Ayurveda, the Siddha System of Medicine also has a history which dates back to several centuries. Traditionally believed to have been developed by 18 Siddhas including Sage Agasthiya, the Siddha System of Medicine has its own merits. But unfortunately, due to lack of patronage for the culture of the ancient times, this system of....
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....his trend. But unfortunately, the country's first National Healthcare Policy outlined in 1946 by Bhore Committee completely ignored the traditional practices. Subsequent Committees attempted to correct this error and in 1961, the Mudaliar Committee made strong recommendations for integrating modern medicine with the traditional medicine. But by that time, the dominance of modern medicine had become irreversible. The learned Author also made an interesting observation in the said article about the role played by the Central Government vis-a-vis the State Governments. The observations read as follows: At present, most of the larger institutions promoting indigenous systems of medicine are controlled and financed by the State Governments, and little interest is shown at the central level. This is probably because the Central Government depends on support for healthcare from international organisations backed by rich Western countries. Extensive promotion of indigenous systems might jeopardise this support and discourage foreign investment in drugs and healthcare. ... Two World Bank reports (1, 2) recommend that the Government should leave tertiary curati....
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.... Medical School was started by the then Government of Madras in 1924 and all the 3 systems of medicine viz., Siddha, Ayurveda and Unani, were taught to persons who studied any one of these systems for 4 years. They were awarded a Diploma called "LIM", which is an acronym for Licentiate in Indian Medicine. 61. After India attained independence, the name of the institution was changed as Indian Medical College. Any person who completed a 5 years Course of study in this College, after completing Intermediate, was granted a degree known as "GCIM", standing for Graduate of the College of Indian Medicine. 62. The name of the said College was later changed to "College of Indigenous Medicine" in 1949. However, Allopathy was also taught in the College and hence the name of the College was changed to "College of Integrated Medicine" in the year 1956. It appears that thereafter a College of Indian Systems of Medicine was started in Court allam. The said College was later transferred to Palayamkottai in November 1964. When the transfer took place, several faculty members employed in the then College of Integrated Medicine (later Kilpauk Medical College) were transferred to Palayamkottai,....
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....so. Even if I have any doubt, I am no expert and I have no jurisdiction to question the norms prescribed. But I am only afraid that instead of developing and encouraging indigenous systems of Medicine, the attempt made by the Fifth Respondent may be counter-productive and end up with the closure of these Colleges. If we really look at the Norms, they require 52 teachers for Under Graduate Courses of 100 students. It means that there should be at least one teacher for every two students. The Norms require 12 teachers for 6 Post Graduate Courses, each with a permitted intake of 10 students. In other words, the Norms stipulate one teacher for every 5 Post Graduate students. I do not really know if this is an Utopian dream on the part of the Fifth Respondent, but I certainly know that this will act as a disincentive even for Government Colleges and will persuade them to wind up the show, sooner or later. Anyway I would not go into this question and I would not decide the case on the basis of this fact. 66. It is common knowledge that Government Colleges do not run on profit motive. On the contrary, a Government College teaching alternative systems of medicine, has to be seen in the ....
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....d with the rich and the poor, the elite and the ignorant and the mighty and the small. But today, the patronage to private hospitals even by very important persons (VIPs) has increased, due to various factors. Keeping this fact in mind, if we look into the facts of the case, it may be seen that the Secretary to the Department of Health, of the State Government, already informed the Respondents that the bed occupancy rose to more than 50% in the month of September. But unfortunately, this aspect has not even been considered by the Respondents. (iii) The Fifth Respondent has taken a narrow and parochial view that they would consider only the status as on the date of inspection and not as on any subsequent dates. By taking such a stand, the opportunity of hearing granted to the State Government has been reduced to an empty formality. It must be remembered that the show cause notice pointing out deficiencies, was issued on 7.7.2011 and the hearing took place on 14.7.2011. The order of rejection was passed in August 2011. The cut off date for admitting students for the current year, was only 31.10.2011. Therefore, if the cry of the State Government, made in their letter dated 1....
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....g the period from March to May 2011, on account of the State Assembly Elections, the process of filling up the posts got delayed. It was also indicated in the said letter that after the Government assumed Office, immediate steps were taken. The letter also highlighted the fact that as the only State Government run Ayurveda institution, the denial of permission to the college would be detrimental to public interest. (v) Subsequently, advertisements were issued on 11.9.2011 and 5.10.2011, again inviting Applications for appointment of 3 posts of Professors and 8 posts of Readers. The latter advertisement was published in All India Editions of leading newspapers. (vi) In the meantime, the Government also realised the fact that the designation of the post was to be changed from that of Tutor to Lecturer Grade-II. This was done by G.O.Ms. No. 252, Health and Family Welfare, dated 24.10.2011. Immediately thereafter, 5 posts of Readers were filled up by orders dated 31.10.2011 under Rule 10(a)(i). A compliance report was sent on 11.11.2011 to the Fifth Respondent, pointing out that there was one Professor, 5 Readers and 4 Lecturers Grade-II. It was further pointed out th....
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....ta 1 or l 1 - 16.Dr. Ramaraju 17. Dr. M.S. Thirunavu- karasu 18. Dr. Ramakrishna- macharya 8. Agada Tantra 1 or 1 1 - 19. Dr. Menaka Devi 20. Dr. Raneesh 21. Dr. Prakash Total 11 9 + 6 15 Total requirements- 20 90% of total requirements - 19 No. of higher faculties available - 06 No. of Lecturer Grade Il available (subject wise) - 15 Total - 21 50% of higher faculties - 06 Available - 06" 73. Therefore, it is clear that the State Government had taken an extra mile to support the one and only Ayurveda institution in the State. In such circumstances, the attitude adopted by the Fifth Respondent, cannot be appreciated. Contentions (iv) & (vi) 74. The fourth contention raised by the Respondents is that the Minimum Standards Norms, approved on 183.2011, were communicated vide a Circular dated 21.3.2011. It was clearly indicated therein that the position prevailing on the date of inspection alone would be taken into consideration. Therefore, the Fifth Respondent contends tha....
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....chers as against the requirement of 50 (ii) non-teaching staff to be appointed in all Departments as per Norms. There was no Complaint about bed occupancy. The Norms relating to teachers was more than 80% (41 out of 50). 2010-2011 19.8.2010 Conditional permission granted. But it is accepted that the college fulfilled minimum requirement of 80% teaching staff, 150 bedded hospital, 100 patients per day in OPD and 40% bed occupancy in IPD. Still the only condition was to fill up full compliment of teachers. 2011-2012 30.08.2011 Permission rejected on the basis of new Norms prescribed on 18.3.2011, requiring (i) 90% teaching faculty and (ii) 50% bed occupancy for the period 1.1.2010 to 31.12.2010. These observations go contrary to the earlier order. Ayurveda College: Academic year Date of order Observations 2009-2010 30.10.2009 General permission granted. 2010-2011 18.8.2010 Conditional permission granted after recording the fact that the college fulfilled the minimum requirements of 100 bedded hospital, 80% teaching staff, 100 patients per day in OPD and 40% bed occupancy in IPD. 2011-20....
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.... (v) Appointment of at least 80% of the teaching and non-teaching staff on regular basis, as stipulated by the Central Council. (vi) Undertaking to reduce the deficiency in respect of teaching and non-teaching staff within 2 years in two equal steps. 84. There is no dispute about the fact that the Government Siddha Medical College and the Government Ayurveda Medical College fulfill the eligibility conditions prescribed in Regulation 5. But permission has been denied to the Siddha College for the current session on the ground that 90% strength is not reached in respect of teaching faculty. However, the Respondents submit that there are 60 teachers. Earlier they had prescribed 61, but for the current year they have taken 64 as the maximum. Even if 64 is taken, the existence of 60 teachers fulfills 90%. Therefore, 1 do not know on what basis the impugned order proceeded in so far as the strength of teaching staff is concerned. In respect of bed occupancy, the letter of the Secretary to Government pointing out that 50% was reached even in September 2011, was not even looked into. Therefore, there has been an unfair treatment of the Government Colleges, by the Fifth Respo....
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....lowing decisions: (i) The University of Madras v. Loorthu Ammal Educational Trust, 2005 (3) MLJ 350; (ii) Minor Sunit Tr. Gardin v. C.B.S.E., 2007 (4) LW 97; (iii) The President, Board of Education Orissa v. D. Suvankar, 2007 (4) LW 104; (iv) Rukmani College of Education, Tirunelveli District v. State of Tamil Nadu, Chennai, 2008 (1) CTC 545 (FB) : 2008 (1) MLJ 1217; (v) A.P. Christians Medical Education v. Government of Andhra Pradesh, 1986 (2) SCC 667; (vi) Guru Nanak Dev University v. Parminder Kr. Bansal, 1993 (4) SCC 401; (vii) Central Board of Secondary Education v. Nikhil Gulathi, 1998 (3) SCC 5; (viii) Mahatma Gandhi University v. Jikku Paul, 2012 (1) LLN 40 (SC) : LNIND 2011 SC 398; (ix) Visveswaraya Technological University v. Krishnendu Haider, 2011 (4) MLJ 878; (x) SRM University by its Registrar v. Varsity Grants Commission, Bahadur Shah Jafar Marg, LNIND 2011 Mad 3153; and (xi) Veterinary Council of India v. Indian Council of Agricultural Research, LNIND 2000 SC 25. Let me now consider each one of those decisions. 90. In The University of Madras v. Loorthu Ammal Ed....
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....d to a college which did not have permission. There can be no quarrel with the said proposition. But the Fifth Respondent has overlooked the fact that I am not addressing the issues on hand from the point of view of the students. Though Mr. S. Senthilnathan, learned Counsel for the Petitioner, in the course of arguments, attempted to project the plight of the students, I shut him out, at the threshold, on the ground that the students have no right to claim equity. The entire discussion of mine in the above paragraphs, revolves only around (i) the interests of the traditional systems of medicine of this country and (ii) the interests of the State Government run institutions, which have taken upon themselves the task of rejuvenating traditional medicine after several decades of struggle. 94. The decisions in Guru Nanak Dev University and Central Board of Secondary Education, are also relied upon for the purpose of showing that loose, ill-conceived sympathy masquerades as interlocutory justice exposing judicial discretion to the criticism of degenerating into private benevolence. But what I had stated with regard to the decision in A.P. Christians Medical Education, applies to this....
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....es, within a period of two weeks from the date of receipt of a copy of this order, keeping in mind the fact that both the colleges satisfy the requirements of Regulation 5, as it stands today. In view of my findings in the previous paragraphs, both the Colleges are permitted to continue to conduct classes for the current academic year and conduct examinations. There will be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. ============= Document 1 Parameter 1. Teaching for Graduate Colleges staff Under ASU "For Under Graduate Courses: Minimum standards requirements for conditional permission for the academic session 2011-12 (i) At least 90% of the total requisite teaching staff as per the CCIM's draft norms with no minimum requirement of teachers from modern faculty and (ii) 50% higher faculty (Professor + Reader) of the total required higher faculty staff as per the CCIM's draft norms and (iiii) Availability of at least one teacher in each Department For hospitals of Ayurveda and Siddha Colleges : Student-bed ratio will be 1 : 2. However, minimum 100 bedded hospital is required. For hospitals of Unani col....