Case Note & Summary
The petitioners, Maharashtra Medical Education & Research Centre and its Z.V.M. Unani Medical College, sought a writ of mandamus directing the Maharashtra University of Health Sciences (respondent no.4) to grant affiliation for two seats in the Post Graduate Unani course in Ilmul Qabalat-Wa-Amraz-E-Niswan for the academic year 2015-16. The petitioner no.1 is a public trust running the college since 1984-85. The college applied to the Central Council of Indian Medicine (respondent no.2) for permission to start the PG course. Based on the Council's recommendation, the Ministry of AYUSH (respondent no.1) granted permission on 29.10.2015. The petitioners then applied to the University for affiliation on 30.10.2015. The University refused affiliation by order dated 5.1.2016, stating that the application was made after the prescribed cut-off date of 30th September as per its ordinance. The petitioners argued that the delay was unavoidable as the permission from the Ministry was granted only on 29.10.2015, and the University ought to have considered the application on merits. The University contended that the cut-off date was mandatory and that granting affiliation after the academic year had commenced would be impractical. The Court analyzed the relevant provisions of the Indian Medicine Central Council Act, 1970, and the University's ordinances. It held that the University's refusal was unreasonable and disproportionate. The Court noted that the permission from the Central Council and Ministry was a prerequisite for affiliation, and the petitioners could not have applied earlier. The Court directed the University to grant affiliation for the two seats for the academic year 2015-16, as the delay was not attributable to the petitioners and the college had the necessary infrastructure. The petition was allowed with no order as to costs.
Headnote
A) University Law - Affiliation - Delay in Application - Indian Medicine Central Council Act, 1970, Section 13A - The University refused affiliation for a PG Unani course on the ground that the application was made after the cut-off date of 30th September. The Court held that since the permission from the Central Council and Ministry was granted on 29.10.2015, the application could not have been made earlier. The University was directed to consider the application on merits and grant affiliation for the academic year 2015-16, as the delay was not attributable to the petitioners. (Paras 2-10) B) University Law - Affiliation - Cut-off Dates - Indian Medicine Central Council Act, 1970 - The University's ordinance prescribing cut-off dates for affiliation applications cannot be applied mechanically when the delay is caused by the time taken by statutory authorities to grant permission. The Court held that the University must exercise its discretion reasonably and not defeat the purpose of the permission granted by the Central Council. (Paras 11-15) C) Administrative Law - Doctrine of Proportionality - The Court applied the principle that the University's refusal to grant affiliation was disproportionate to the delay, especially when the college had all necessary infrastructure and recognition. The Court directed the University to grant affiliation for the two seats for the academic year 2015-16. (Paras 16-20)
Issue of Consideration
Whether the University can refuse affiliation for a post graduate course solely on the ground that the application was made after the prescribed cut-off date, despite the college having obtained prior permission from the Central Council and the Ministry of AYUSH.
Final Decision
The petition is allowed. The respondent no.4 is directed to grant affiliation to the two seats of Ilmul Quabalat-Wa-Amraz-E-Niswan, Post Graduate Unani course for the academic year 2015-2016. Rule made absolute. No order as to costs.
Law Points
- Affiliation cannot be denied solely on ground of delay if permission from competent authority is granted before academic year begins
- University must consider application on merits
- Doctrine of proportionality
