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Judgment
MONICA CHHIBBER SHARMA, J. (Oral)
The present writ petition has been filed under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for quashing the impugned orders dated 09.09.2026 and 12.09.2026 (Annexure P-1 and Annexure P-2, respectively), issued by respondent No.3, denying the conditional permission to the petitioner-college for 100 seats in UG BAMS course and 35 seats in PG BAMS course for the academic year 2026-27 and imposing the penalty of Rs.1 crore.
Learned counsel for the petitioner contends that the penalty and the denial of conditional permission for 100 seats in UG BAMS course and 35 seats in PG BAMS course for the academic session 2026-27 has been passed in complete violation of the time-line prescribed under Regulation 55(7) of the National Commission for Indian Systems of Medicine (Minimum essential standards, assessment and rating for Undergraduate Ayurveda colleges and attached teaching hospitals) Regulations, 2024. He further contends that the First Appellate Authority dismissed the appeal vide order dated 12.10.2026 (Annexure P-15), without considering the material evidence. Learned counsel for the petitioner further submits that the statutory second appeal dated 15.10.2026 (Annexure P-16), is pending consideration, while the stray vacancy round of counselling is scheduled to commence w.e.f. 12.11.2026. Further, learned counsel for the petitioner submits that similar institutes namely Shri Maru Singh Memorial Institute of Ayurveda, BPS Mahila Vishwavidyalaya, VPO-Khanpur Kalan, District Sonipat, State Model Institute of Ayurveda Sciences, Kolavada, Gandhinagar, Sheth JP Govt. Ayurved College, Opp. Sardar Baug, Panvadi, Bhavanagar, Govt. Ayurved Colleged Pancheshwar Road, Near Geeta Cinema, Junagadh, Gujarat, Govt. Akhandanand Ayurved College & Hospital, SMIAS Campus, Kolavada, Sonipur Road, Gandhinagar and Govt. Ayurved Mahavidyalaya, Outside Panigate, Dhanwantari Marg, Ajwa Road, Vadodara, Gujarat, have already been allowed to participate in the counselling and relies upon Annexure P-18 and Annexure P-19, in this regard.
Mr. Anil Chawla, Senior Panel Counsel on behalf of respondent No.1-Union of India and Mr. Angel Sharma, Advocate (through hybrid mode) on behalf of respondent Nos.2 and 3 submit that if the present appeal is referred to the concerned respondent-authority, the same shall be decided in a time-bound manner.
Having heard learned counsel for the parties, this Court deems it appropriate to issue directions to respondent No.1- Secretary to Government of India, Ministry of Health and Family Welfare, Department of Ayush, Ayush Bhawan, B-Block, GPO Complex INA, New Delhi to take up and decide the statutory second appeal, dated 15.10.2026 (Annexure P-16), which is pending consideration. The respondent No.1 shall take into consideration the affidavits, all the relevant regulations and also Annexure P-18 (dated 14.09.2025) and Annexure P-19 (dated 17.09.2026), and after affording due opportunity of hearing to the petitioner, shall decide the same, on or before 10th of November 2026.
In view of the aforesaid terms, the present writ petition is hereby disposed of.
Pending miscellaneous application(s), if any, shall stand disposed of.