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Judgment
P. Krishna Bhat, J
The petitioner wanted to open an Ayurvedic Medical College and in that regard, filed necessary application seeking affiliation. Processing was done by the concerned authorities and the petitioner was awaiting grant of No Objection Certificate from the State of Karnataka. After No Objection Certificate was granted by the State of Karnataka, the petitioner took up the matter at the next level and filed an application before respondent No.3-National Commission for Indian System of Medicine for approval by respondent No.4 paying necessary fees. Respondent No.4 by order dated 15-3-2022 (Annexure-H) rejected the application solely on the ground that regulations required the petitioner to file the application on or before 31-10-2021 for the academic year 2022-2023 and the application was made by the petitioner before the Competent Authority only on 25-2-2022.
Learned counsel for the petitioner submits that the petitioner could not file the application before 31-10-2021 in order to seek approval of respondent No.4 only on account of the fact that its application requiring affiliation was not processed with the required dispatch by the concerned authorities including respondent No.6 and No Objection Certificate was granted only on 16-2-2022 (Annexure-F) and respondent No.6 communicated it to respondent No.3 only on 24-2-2022. On account of the same, the petitioner could file its application before respondent No.3 only on 25-2-2022.
Learned counsel for respondent No.4 does not dispute the above factual situation. However, she further contended that writ of mandamus directing the respondents to grant permission to admit the students in petitioner’s College cannot be granted at all.
The facts noted above clearly disclose that there was no delay on the part of the petitioner in approaching respondent No.4 for consideration of affiliation application for its decision and the application submitted on 25-2-2022 is only on account of delay caused by respondent No.6 in considering its application for grant of No Objection Certificate. In that view of the matter, it is necessary to direct respondent No.4 to entertain the application filed by the petitioner on 25-2-2022.
Accordingly, this petition is disposed of with liberty to the petitioner to re-submit the application No.DCF/CAMCH/2021-22 dated 25-2-2022 with the requisite fee within a period of ten days’ from today and if such application is filed with requisite fee, respondent No.4 shall consider and take a decision within four weeks’ from such date and communicate the decision to the petitioner immediately thereafter, and to communicate the said order to authorities as required under the law.