Dayaynand Ayurved College & Hospital vs Honble the Chancellor of the Universities

This writ application has been filed, under Article

226 of the Constitution of India, seeking direction to the

respondents, more particularly the Kameshwar Singh

Darbhanga Sanskrit University, Darbhanga (hereinafter

referred to as the ''University''), to hold and conduct

examination of the petitioners of post-graduate course in

Ayurved (Kayachikitsa and Dravyaguna) right from the

Academic Session 2013-14, and to publish result thereafter.

The application has been filed on behalf of

the Dayanand Ayurved College & Hospital, Siwan and five

students of the said College, asserting that the Government of

India has accorded permission for opening of post-graduate

course in two subjects, namely, (i) Kayachikitsa and (ii)

Dravyaguna, with four seats in each course from the Session

2013-14.

From the materials on record, it appears that

the Senate and Syndicate of the University have approved

these courses and the University has framed Ordinance and

Regulations for the purpose of conducting said courses, which is to be approved by the Officer of the Chancellor, whereafter,

only such Ordinance and Regulations can be made effective.

It also transpires that the University has

sought for approval of the said ordinance and Regulations,

framed by them, for conducting the said courses from the

Office of the Chancellor.

A counter affidavit has been filed on behalf of

the Chancellor, Universities of Bihar, stating therein that

meeting of the Advisory Committee in Chancellor''s Office was

held on 21.01.2017 to deliberate on the proposal made by the

University for approval of the Ordinance and Regulations. The

decision of the Syndicate on the Ordinance and Regulations

was, however, not made available to the Office of the

Chancellor. Subsequently, the said decision of the Syndicate,

along with Regulations, has been made available to the Office

of the Chancellor. There is specific statement in paragraph 5

of the counter affidavit that the decision of the Syndicate,

produced before the Office of the Chancellor, has been found

in order. It is stated in paragraph 6 of the said counter

affidavit, with respect to permanent approval from Sessions

2017-18 onwards, that once the University informs the

Chancellor Secretariat about removal of the shortcomings in

their proposal, the Chancellor shall consider for according

permanent approval. However, in relation to previous

Sessions, it has been stated in the counter affidavit that if the

University sends a proposal for Transitory Ordinance and

Regulations for those proposals, the same shall be considered.

Considering the facts and circumstances, I

dispose of the writ application with a direction to the

University to comply with the requirements of any

communication made from the Office of the Chancellor, in this

regard. Even, if there is no communication from the Office of

the Chancellor, it is directed that the University shall take all

necessary steps, within a period of one (1) week from the

date of receipt/production of a copy of this order, to ensure

that all relevant documents/materials are made available to

the Office of the Chancellor for the purpose of grant of

permanent approval of Ordinance and Regulations, framed by

the University, and for approval of Transitory Regulation in

relation to previous Academic Sessions, starting from the

Academic Year 2013-14.

Considering the admitted position that P.G.

course in the said two subjects, namely, (i) Kayachikitsa and

(ii) Dravya Gun, has been started in the College, in question,

after Government of India has accorded its permission in the

year 2013, the Court expects that the Office of the Chancellor

shall proceed for expeditious decision on the question of

approval of Ordinance/Recognition for permanent approval of

the said course and for approval of Transitory Regulations.

The Court also expects that the enitre exercise shall be

completed within a period of three (3) weeks from the date

when the University completes its formalities, as indicated

above, by making available documents/information to the

Office of the Chancellor for this purpose.

Once, the Ordinance and

Regulations/Transitory Regulations are approved, the University shall be required to expedite holding of the

concerned examination.

With the aforesaid observations, this

application stands disposed of.

Let the original records, produced before

this Court in compliance of the order, dated 09.05.2017, be

returned to learned counsel appearing on behalf of the

Chancellor, Universities of Bihar.