Case Note & Summary
The petitioners, Aditya Bahuddeshiya Sanstha and Aditya Ayurved College and Research Centre, filed a writ petition before the Bombay High Court (Aurangabad Bench) challenging the requirement of inspection by the Central Council of Indian Medicine (CCIM) before granting permission to admit students for the academic year 2009-2010. The petitioners had applied for permission under Section 13A of the Indian Medicine Central Council Act, 1970, but the CCIM insisted on an inspection. The petitioners argued that since their college had already been granted recognition under Section 12A of the Act, no further inspection was necessary. The court, after hearing the parties, held that the requirement of inspection under Section 13A is mandatory and cannot be dispensed with. The court observed that recognition under Section 12A and permission to admit students under Section 13A are distinct requirements, and inspection is a precondition for granting permission. The petition was dismissed as devoid of merit, and the rule was discharged.
Headnote
A) Ayurvedic Education - Admission Permission - Section 13A Indian Medicine Central Council Act, 1970 - Mandatory Inspection - The petitioners, an Ayurvedic college, challenged the requirement of inspection by CCIM before granting permission to admit students for the academic year 2009-2010. The court held that inspection is mandatory under Section 13A and cannot be dispensed with even if the college has recognition under Section 12A. The petition was dismissed. (Paras 1-6) B) Ayurvedic Education - Recognition vs Permission - Sections 12A and 13A Indian Medicine Central Council Act, 1970 - Distinct Requirements - The court clarified that recognition under Section 12A and permission to admit students under Section 13A are separate and distinct requirements. Inspection under Section 13A is a precondition for granting permission to admit students, and the college cannot claim exemption from inspection merely because it has recognition. (Paras 3-6)
Issue of Consideration
Whether the Central Council of Indian Medicine (CCIM) is required to conduct an inspection before granting permission to admit students under Section 13A of the Indian Medicine Central Council Act, 1970, and whether such inspection can be dispensed with if the college has already been granted recognition under Section 12A of the Act.
Final Decision
The writ petition was dismissed. The court held that inspection by CCIM is mandatory under Section 13A of the Indian Medicine Central Council Act, 1970 for granting permission to admit students, and the requirement cannot be dispensed with even if the college has recognition under Section 12A. Rule discharged.
Law Points
- Inspection by CCIM is mandatory for granting permission to admit students under Section 13A of the Indian Medicine Central Council Act
- 1970
- Inspection requirement cannot be dispensed with even if college has been granted recognition under Section 12A
- Writ petition dismissed as no merit
