Case Note & Summary
The petitioners, Maharashtra Medical Education & Research Centre (a public trust) and its Z.V.M. Unani Medical College, sought to start a Post Graduate Unani course in Ilmul Qabalat-Wa-Amraz-E-Niswan for the academic year 2015-16. They applied to the Central Council of Indian Medicine (respondent no.2), which after inspection recommended the course. The Union of India (respondent no.1) granted permission on 29.10.2015 for an intake of two students. The petitioners then requested the Maharashtra University of Health Sciences (respondent no.4) to grant affiliation. The University, by order dated 5.1.2016, denied affiliation on the ground that the college did not comply with its ordinances regarding faculty and infrastructure. The petitioners challenged this order by way of a writ petition. The Court analyzed the provisions of the Indian Medicine Central Council Act, 1970, particularly Sections 13A, 13C, 14, and 17, and the Regulations framed thereunder. It noted that the Central Council and the Union of India had already granted permission after verifying the college's compliance with the minimum standards. The University's ordinances could not override the statutory requirements. The Court found that the University's denial was arbitrary and unreasonable, as the college had fulfilled all essential requirements. The Court allowed the petition, quashed the University's order, and directed the University to grant affiliation for the two seats for the academic year 2015-16 within two weeks.
Headnote
A) University Law - Affiliation - Denial of Affiliation - Indian Medicine Central Council Act, 1970, Sections 13A, 13C, 14, 17 - The petitioners, a trust and its Unani Medical College, sought affiliation from the University for a Post Graduate course after obtaining permission from the Central Council and the Union of India. The University denied affiliation citing non-compliance with its ordinances regarding faculty and infrastructure. The Court held that the University cannot impose conditions beyond those prescribed by the Central Council and must grant affiliation if the college meets the essential requirements as per the Act and Regulations. The Court directed the University to grant affiliation for the academic year 2015-16 within two weeks. (Paras 1-35) B) Administrative Law - Mandamus - Statutory Duty - The Court held that a writ of mandamus can be issued to compel the University to perform its statutory duty of granting affiliation when the college has complied with all statutory requirements and the denial is arbitrary and unreasonable. (Paras 30-35)
Issue of Consideration
Whether the respondent no.4 University was justified in denying affiliation to the petitioners for the Post Graduate Unani course in Ilmul Qabalat-Wa-Amraz-E-Niswan for the academic year 2015-16 despite the permission granted by the Central Council of Indian Medicine and the Union of India.
Final Decision
The Court allowed the writ petition, quashed the order dated 5.1.2016 passed by respondent no.4, and directed respondent no.4 to grant affiliation to the petitioners for the two seats of Ilmul Qabalat-Wa-Amraz-E-Niswan, Post Graduate Unani course for the academic year 2015-16 within two weeks from the date of the order.
Law Points
- Affiliation cannot be denied on grounds of non-compliance with university ordinances when central council has granted permission
- University must grant affiliation if college meets essential requirements
- Writ of mandamus can be issued to compel performance of statutory duty
