Civil Writ Petition No.23147 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.23147 of 2010(O&M) Date of decision: 30.03.2011 Kalyan Society (registered) Yamuna Nagar through its Secretary .....Petitioner VERSUS State of Haryana & another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Amar Vivek, Advocate, for the petitioner. Ms. Shruti Jain, AAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner has applied for establishing an Ayurvedic College for Women, Lal Bahadur Shastri Mahila Ayurvedic College and Hospital, Bhillchapper, Sadhaura Road, Bilaspur, District Yamuna Nagar. This application was made by the petitioner on 15.5.2006. The bank guarantee was furnished on 21.4.2008. It is claimed that the petitioner-society has created a infrastructure as per the norms for grant of No Objection Certificate (for short 'NOC'). Committee headed by the Director, Medical Education & Research had inspected the site and recommended the grant of NOC for 50 seats for BAMS Course, but no final decision for grant of NOC has so far been taken. Civil Writ Petition No.23147 of 2010(O&M) -2- NOC was declined also on the ground that Nursing School was running in the proposed building. The petitioner-society had filed CWP No.18549 of 2009, which was disposed of on 3.12.2009. The Nursing School has temporarily been shifted as the proposed premises was lying vacant for a long time. After removing the only objection, the petitioner-society made request for grant of NOC. Certain reminders were also issued and still NOC was not granted. This forced the petitioner to file another writ petition. Ultimately after considering the rival contentions, this Court passed an order on 27.9.2010 and set aside the Government order and issued direction to the respondents to consider the application of the petitioner for grant of NOC within a period of three weeks. It was further observed that in the event of claim of the petitioner being rejected, the respondents shall pass a reasoned and speaking order. The prayer of the petitioner has now been rejected and so the petitioner is again before the Court to impugn the said order. This time the prayer of the petitioner for grant of NOC has been rejected on the ground that even though he has created building for running an Ayurvedic Medical Hospital, but the petitioner is not managing a functional hospital from that building. It is noticed that merely owning a building, which can accommodate 100 bedded hospital, would not amount to managing a hospital and that the hospital requires, apart from building, a sufficient number of doctors, paramedics staff, systems Civil Writ Petition No.23147 of 2010(O&M) -3- etc. Reference is made to the language of the Form-IV in this regard to highlight the requirement to fulfill for grant of NOC. Learned counsel for the petitioner has referred to certain documents placed on record to show what infrastructure is already in place and the staff, which is already on the roll of the institution. Certain photographs have also been annexed with the writ petition, which according to the counsel were taken by the inspecting team at the hospital. The State counsel, however, points out that these documents were never placed before the authorities concerned at the time of grant of NOC. The plea only is that the requirement of hospital has not been fulfilled and accordingly, the NOC has been declined. There appears to be some substance in the submission made by the counsel for the petitioner that to run a full fledged hospital, the petitioner should have a sanction for a college so that entire staff etc. can be engaged. It is reasonable to urge that full scale hospital can only be made functional, if the petitioner is granted permission to run a college. The stage of grant of NOC would be prior to affiliation and recognition by the Government. If the petitioner is not able to provide full facilities, the respondents can always decline recognition or affiliation even if the NOC is granted. The requirement of statute seems to be what is provided in Form-IV , which is in terms of Section 13-A of the Indian Medicine Central Council Act, 1970. Let the case of the Civil Writ Petition No.23147 of 2010(O&M) -4- petitioner be considered in the light of these observations and if the petitioner has fulfilled the requirement, the respondent- Government may consider the grant NOC to the petitioner in accordance with law. Let the needful be done within a period of four weeks from the date of receipt of certified copy of this order. The writ petition is, accordingly, disposed of. March 30, 2011 ( RANJIT SINGH ) monika JUDGE