IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.01.2011 Coram THE HONOURABLE MR.JUSTICE VINOD K.SHARMA W.P.Nos. 7598 and 7599 of 2009 MP.Nos. 2 & 2 of 2010 and 1 & 1 of 2011 WP.Nos. 3046 and 3047 of 2010 MP.Nos. 1 & 1 of 2010 and 1 & 1 of 2011 Dharma Medical Research and Charitable Trust No. 48, Grand West Trunk Road Sriperumbudur 602 105 Kancheepuram District Tamil Nadu rep.by its Trustee ...Petitioner in all Wps -vs- 1. The Union of India rep. By the Secretary to Government Health and Family Welfare Department Department of Ayurveda, Yoga & Naturopathy, Unani Siddha and Homeopathy (AYUSH) Indian Red Cross Society Annex Building 1, Red Cross Road New Delhi 110 001. 2. The Under Secretary to Government of India Health and Family Welfare Department Department of Ayurveda, Yoga & Naturopathy, Unani Siddha and Homeopathy (AYUSH) Indian Red Cross Society Annex Building 1, Red Cross Road New Delhi 110 001. 3. Central Council of Indian Medicine 61-65, Institutional Area Janakpuri New Delhi 110 058 rep. By its Secretary. https://hcservices.ecourts.gov.in/hcservices/ 4. The Tamil Nadu Dr.MGR Medical University P.B.No. 1200 No. 69, Anna Salai Guindy, Chennai 600 032 rep. By its Registrar. ... Respondents in WP.Nos.7598 & 7599 of 2009 RR 1 to 4 in WP.Nos.3046 and 3047 of 10 5. The Controller of Examinations The Tamilnadu Dr.MGR Medical University P.B. No. 1200 No.69, Anna Salai Chennai 600 032 ...R5 in WP.Nos.3046 and 3047 of 10 Prayer in WP.No. 7598 of 2009:- Petition under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings of the second respondent dated 28.8.2008 in F.No. R. 17011/198/2006- EP, quash the same and direct the first respondent to approve the admission of students admitted to the BAMS Degree Course in Dharma Ayurveda Medical College for the academic year 2008-2009. Prayer in WP.No. 7599 of 2009:- Petition under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings of the second respondent dated 19.8.2008 in No.R. 17013/ 6/ 2006-EP, quash the same and direct the first respondent to approve the admission of students admitted to the BSMS Degree Course in Velumailu Siddha Medical College for the academic year 2008-2009. Prayer in WP.No.3046 of 2009:- Petition under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings of the second respondent dated 03.09.2009 in No.R. 17011/ 188/ 2009- EP, quash the same and direct the respondents to approve the admission of students admitted to the BAMS Course in Dharma Ayurveda Medical College, Sriperumbudur for the academic year 2009-2010. Prayer in WP.No.3047 of 2009:- Petition under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings of the second respondent dated 12.08.2009 in No.R. 17013/ 06/ 2009- EP, quash the same and direct the respondents to approve the admission of students admitted to the BSMS Course in Velumailu Siddha Medical College, Sriperumbudur for the academic year 2009-2010. For Petitioners : Mr.V.Selvaraj For Respondents : Mr. K.Mohanamurali for RR 1 & 2 https://hcservices.ecourts.gov.in/hcservices/ Mr.M.T.Arunan for R3 Mr.ARL.Sundaresan Senior Counsel for Ms.AL.Gandhimathi for R4 COMMON ORDER All these writ petitions are disposed of by this common order as issues and facts involved in all these writ petitions are the same. 2. The petitioners being aggrieved by the orders passed by the Government of India, Ministry of Health and Family Welfare Department, have invoked the writ jurisdiction of this Court with a prayer for issuance of a writ in the nature of certiorari for quashing the impugned orders. 3. By way of impugned orders, the competent authority decided not to grant permission for admission to BAMS and BSMS Course conducted in the college being run by the petitioner. 4. Learned counsel for the petitioner challenged the impugned orders by contending that the petitioner are running two colleges since the year 1997-98. The colleges being run are governed by Indian Medicine Central Council Act, 1970 (hereinafter referred to as the Act). The case of the petitioner is that in the year 2003, Section 13 (A) was incorporated in the Act so as to regulate the admission and running of medical colleges. Section 13A(5) of the Act reads as follows :- "The Central Government may, after considering the scheme and recommendation of the Central Council under sub-section (4) and after obtaining, where necessary, such other particulars as may be considered necessary by it from the person or college concerned and having regard to the factors referred to in sub-section (8), either approve the scheme with such conditions, if any, as it may consider necessary or disapprove the scheme and any such approval shall constitute as a permission under sub-section(1): 5. The case of the petitioner is, that in pursuance of the show cause notice issued under Section 13A(5) of the Indian Medicine Central Council Act, 1970, the petitioners submitted a detailed reply, meeting with the objections raised. 6. However, the authority without considering the reply, passed the impugned orders. https://hcservices.ecourts.gov.in/hcservices/ 7. The impugned order passed in WP.No.7598 of 2009 reads as under:- "No.R.17011/198/2006-EP Government of India Ministry of Health & Family Welfare (Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy) (AYUSH) IRCS Building, 1 Red Cross Road, New Delhi Dated 28th August, 2008. ORDER WHEREAS, Dharma Ayurveda Medical College and Hospital, No. 48, Grand West Trunk Road, Sriperumbudur 602 105, District – Kancheepuram, Tamilnadu had applied for BAMS Course with intake capacity of 40 seats under Section 13-C of the IMCC Act, 1970 and this application was forwarded to the CCIM for conducting an inspection of the College and for giving its recommendations in the matter; WHEREAS, the CCIM vide its No. 4-75/2008-Ay./ 6424 dated 28.7.2008, has submitted its recommendations to the Central Government and these recommendations have been carefully considered by the Department of AYUSH; WHEREAS, the CCIM has pointed out the following shortcomings and deficiencies related to the eligibility conditions and standards laid down in the IMCC Act and the relevant regulations: i. There are 10 eligible teachers available, whereas as per CCIM 35 teachers are required upto 50 UG seats. ii. Non teaching staff in the college and hospital staff are not as per the CCIM norms. iii. Daily average attendance in the OPD is 62 only. iv. Diagnostic facilities like USG, EEG are not available and report about the functionality of clinical pathology lab is not clear. Instruments/ equipments are not adequate. v. Number of operations and deliveries performed are less. WHEREAS, these shortcomings and deficiencies were communicated to the College and an opportunity of being heard under the provisions of the first proviso to sub section (5) of Section 13 A of the IMCC Act, 1970 was given to the College on 12.8.2008 at 14:00 hrs, and the college duly presented its case with regard to these shortcomings; https://hcservices.ecourts.gov.in/hcservices/ WHEREAS, after carefully considering the written and oral submissions made by the college at the hearing in the light of the original application and the recommendations of the CCIM on the application, the Central Government has concluded that the following shortcomings and deficiencies found in the College in violation of the provisions of the IMCC Act and the relevant regulations have adversely affected the capacity of the College to provide quality medical education in Ayurveda. i) Only 10 teachers are available as against the requirement of 35 and this means that the college is not eligible to apply for permission under Section 13C because the required 80% of teaching staff is not available. ii) Full complement of non teaching staff in the college and hospital is not available. iii) The average OPD attendance in the previous year was 62 which is below the relaxed standard of 100 for existing colleges. iv) Number of surgeries and deliveries conducted are low. NOW, THEREFORE, in view of the shortcomings and deficiencies listed above, 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 for the Under Graduate Courses in terms of the provisions of the IMCC Act and the relevant regulations, it has been decided not to grant permission for admission for the BAMS course being conducted in the Dharma Ayurveda Medical College and Hospital, No. 48, Grand West Trunk Road, Sriperumbudur – 602 105, District – Kancheepuram, Tamilnadu for the academic year 2008-09. This issues with the approval of the competent authority. (Sunita Sharma) Under Secretary to the Government of India" 8. The contention of the learned counsel for the petitioner is that the orders impugned in all the writ petitions shows that the competent authority, has given no reason for rejecting the explanation submitted by the petitioner, nor any reasons have been given as to why the defence raised by the petitioners, were not sufficient for relaxation of the rules. 9. There is force in the contention raised by the learned counsel for the petitioners, as would be clear from the reasons hereinafter recorded; for example:- https://hcservices.ecourts.gov.in/hcservices/ " In reply to the objection that there are only 10 eligible teachers against 35 teachers as per the norms of CCIM, for 50 under graduate seats, it was submitted that now there are 28 full time teachers in position. The details of the staff working with the petitioners was also disclosed in the prescribed performa of the Government of India. In the impugned order, no reasons have been given to reject this plea of the petitioners. Similarly the explanation submitted to other objectors is also not met by giving any reasons for its acceptance or rejection. The impugned orders are thus non speaking. " 10. The powers under Section 13-A(5) of the Act are statutory powers and authority exercising these powers would be a quasi judicial authority. It is now well settled that the authority exercising quasi judicial functions is required to pass a detailed order, giving reasons for its conclusions. The authority is further required to meet all the objections or explanations given by the party, by giving reasons for its acceptance or rejection. 11. For the reasons stated above, all the writ petitions are allowed. The impugned orders are set aside. The cases are remanded back to the competent authority to take a decision afresh after meeting out the contentions raised by the petitioners in response to show cause notice. It would be appreciated if the parties are given personal hearing at the time of disposal of the cases. 12. The competent authority is further directed to take a final decision on the issue expeditiously, however, not later than 31st of April 2011. No costs. Consequently, connected MPs are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar bg/ https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to Government, Union of India, Health and Family Welfare Department Department of Ayurveda, Yoga & Naturopathy, Unani Siddha and Homeopathy (AYUSH) Indian Red Cross Society Annex Building 1, Red Cross Road, New Delhi 110 001. 2. The Under Secretary to Government of India Health and Family Welfare Department Department of Ayurveda, Yoga & Naturopathy, Unani Siddha and Homeopathy (AYUSH) Indian Red Cross Society Annex Building 1, Red Cross Road, New Delhi 110 001. 3. The Secretary, Central Council of Indian Medicine 61-65, Institutional Area Janakpuri New Delhi 110 058. 4. The Registrar, Tamil Nadu Dr.MGR Medical University P.B.No. 1200, No. 69, Anna Salai Guindy, Chennai 600 032 5. The Controller of Examinations The Tamilnadu Dr.MGR Medical University P.B. No. 1200, No.69, Anna Salai, Chennai 600 032 6. The Section Officer, V.R.Section, High Court, Madras. 2 cc to Mr.V.Selvaraj, Advocate, Sr.No.4382 4 cc to Mr.M.T.Arunan, Advocate, Sr.No.4243, 4242 2 cc to Mr.K.Mohanamurali, Advocate, Sr.No.4162, 4150 W.P.Nos. 7598 and 7599 of 2009 MP.Nos. 2 & 2 of 2010 and 1 & 1 of 2011 WP.Nos. 3046 and 3047 of 2010 MP.Nos. 1 & 1 of 2010 and 1 & 1 of 2011 BVN {CO} TP/3.2.2011. https://hcservices.ecourts.gov.in/hcservices/