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Judgment
Honourable Mr. Justice Vinod K. Sharma
The State of Tamil Nadu being aggrieved by the order passed by the Under Secretary to the Government of India, exercising powers of Central
Government under Indian Medicine Central Council (IMCC) Act, 1970, has approached this Court with a prayer for issuance of a writ in the
nature of certiorari.
The Central Council of Indian Medicine (CCIM), suo-moto visited the college run by the State Government on 30.5.2011 to assess the
available facilities of teaching and practical training as well as to verify the compliance report submitted by the College and furnished its report and
recommendation to the Central Government vide letter F.No. 4-132/ 2011 - Ay dated 30.5.2011. The CCIM forwarded the recommendation
and report to the Department for granting conditional permission for Under Graduate Course and Post Graduate Course for the academic year of
2011-12.
On receipt of the recommendation and visitation report, a show cause notice was issued to the petitioner. Thereafter, in exercise of statutory
powers under the Act, the Central Government passed an order. The main part of the order passed by the first respondent reads as under:
NOW, THEREFORE, in view of the shortcomings and deficiencies particularly about the non-availability of 90% eligible teachers, 50% Higher
Faculty and at least 1 teacher in each Department, which violate the provisions of the IMCC Act and the relevant regulations and are of such a
serious and fundamental nature that they adversely affect the ability of the College to provide quality medical education in terms of the provisions of
the IMCC Act and the relevant regulations, it has been decided not to grant permission to Government Ayurveda Medical College and Hospital,
Kottar, Nagercoil, Tamil Nadu for taking admission to the BAMS course at 50 seats in the academic year 2011-12.
Further it is informed that the college is provided a period upto 31.11.2011 to fulfill the following deficiencies, so that the CCIM may carry out
inspection of the college during December, 2011 to January, 2012 for consideration of matter for granting conditional permission for undertaking
admissions during academic year 2012-13;
(i) Full complement of teachers including required number of higher faculty in various teaching departments as per norms of the CCIM shall be
available.
(ii) Other staff, infrastructure, equipment, instruments, furniture and essential facilities for various components of an Ayurveda College like hospital,
hostel, laboratories, library, herbal garden, teaching pharmacy and quality testing laboratory and other relevant component of the college as per the
CCIM norms shall be available.
The petitioner being aggrieved by the order, challenged it by filing the present writ petition. This Court on 29.9.2011 passed the following order:
These writ petitions are filed challenging the order rejecting the renewal of permission for the academic year 2011-2012 for two colleges viz.,
Government Ayurveda Medical College, Kottar and Government Siddha Medical College, Palayamkottai on the ground of lack of teaching faculty
and among other grounds. The said two colleges are established and administered by the Government of Tamil Nadu.
When the matters were posted for admission, the learned Advocate General appearing for the petitioners submitted that the last date for
admission of candidates in the said colleges for the courses of Siddha and Ayurveda for the year 2011-2012 will be 31.10.2011 and steps have
already been taken by the petitioners to fill up the vacant posts and after appointment of qualified teachers, the list will be sent to respondents 1
and 2 for getting permission. For conducting the course for this year, the learned Advocate General also submitted that the seats in the said
Government Colleges and in private colleges have to be filled up only through counselling to be conducted by the Commissioner of Indian
Medicine and Homeopathy-second petitioner and it will spread over to several posts as students from various parts of the State have to be issued
with communication for attending counselling and thereafter only allotment order could be issued. The learned Advocate General also submitted
that the students, who are appearing in the counselling for admission to Government Colleges will be intimated to the effect that the
counselling/selection/allotment order and joining in the college will be subject to orders/permission from respondents 1 and 2 for the said courses
for the academic year 2011-2012 before 31.10.2011. The said submission is recorded.
The learned Advocate General seeks direction to the third respondent to give seat matrix for the academic year 2011-2012 for BSMS, BHMS,
BUMS and BNYS Degree Courses and after getting seat matrix only, the counselling can be conducted by the second petitioner.
In view of the said submissions made and having regard to the fact that the petitioners are taking effective steps to appoint teachers and
complying with the requirements for getting renewal of permission, there will be a direction permitting the petitioners to conduct counselling for the
said courses on the above conditions. It is made clear that conducting of counselling, allotment of seats, or admission of any student will depend
upon the approval to be granted by respondents 1 and 2 for the academic year 2011-2012 and merely because any student is allotted and
admitted in any course, the said student shall not plead any equity.
The petitioners are directed to file the progress report before this Court within two weeks and also send a report to respondents 1 and 2 for
their perusal and passing appropriate orders.
Post these writ petitions after two weeks.
The stand of the learned Advocate General is that in pursuance of the interim direction issued by this Court, the defects pointed out have been
rectified and conveyed to the respondents vide letter No. 25143/ IMI - 2/2011-6, Health dated 14.10.2011, which reads as under,
To
The Secretary
Department of AYUSH
Ministry of Health and Family Welfare
Government of India
New Delhi
Kind Attention: Mr. V.S. Gaur, IPS
The Secretary
Central Council of Indian Medicine
61-65, Institutional Area
Janakpuri,
New Delhi 110 058.
Sir,
Sub: Medical Education - Indian Medicine and Homeopathy Department - Admission of Students in BSMS and MD (Siddha) Courses at
Government Siddha Medical College, Palayamkottai for the year 2011-12 - Permission - Regarding.
Ref : (1) WP. No. 21776 of 2011 filed in the Hon''ble High Court of Madras.
(2) From the Department of AYUSH, Ministry of Health and Family Welfare, Government of India, New Delhi letter Ref. No. 17013/ 03/ 2011 -
EP (IM-1) dated 30.8.2011.
(3) Orders of the High Court of Madras in M.P. Nos. 2 & 3/2011 in W.P. No. 21776 of 2011.
(4) The Inspection Team Ref. No. Nil, dated 11.10.2011
I am to invite your attention to reference third cited, in which Hon''ble High Court of Madras has instructed the Government of Tamil Nadu to
rectify the defects pointed out in the reference second cited in Government Siddha Medical College, Palayamkottai and also to send a compliance
report to Department of AYUSH, Ministry of Health and Family Welfare, Government of India, New Delhi and Central Council of Indian
Medicine, New Delhi within a period of two weeks.
In this regard, I am to state that the defects pointed out in the reference second cited have been rectified. A team of officials comprising Dr.
A.M. Abdul Kadher, Principal, Government Siddha Medical College, Chennai and Dr. P. Parthiban, Professor, Government Siddha Medical
College, Chennai were deputed to the above college to inspect and to submit a report about rectification of the defects.
The inspection team has submitted a report (copy enclosed) in the reference 4th cited as follows:
(i) As per Central Council of Indian Medicine norms, 61 teaching faculty are available and the list is enclosed.
(ii) Number of In-Patients for the month of September 2011 is 5871 and total midnight census is 5870. In the month of September 2011, the In-
Patient strength is 56% (as per CCIM norms 40% for UG, 50% for PG Departments)
As the deficiencies pointed out by Government of India in their order dated 30.8.2011 viz., non availability of 40% bed occupancy for Under
Graduate and 50% for Post Graduate Courses in In-Patient Deficiency from 1.1.2010 to 31.12.2010 and total number of required teachers for
Under Graduate/Post Graduate Courses have been rectified, we request the Government of India to permit us to admit 100 students in UG and 60
students in PG (10 each in six branches) at Government Siddha Medical College, Palayamkottai for the year 2011-2012.
Learned Advocate General states, that in view of the interim order, referred to above, the petitioner will be satisfied if a direction, is given to the
respondents 1 and 2 to take a final decision on the letter dated 14.10.2011 of the State Government, in pursuance of the interim direction given by
this Court.
These writ petitions, are accordingly disposed of by directing the respondents 1 and 2 to take a final decision on the letter addressed by the
State within a period of ten days of the certified copy of this order. No costs. Consequently, connected MPs are closed.