IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 22373 of 2009(N) -------------------------------------- PETITIONERS: --------------------- 1. PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KILLI JUNCTION, KOLLODE, THIRUVANANTHAPURAM, MANAGED BY PANKAJAKASTHURI HERBAL RESEARCH FOUNDATION CHARITABLE TRUST, REP. BY ITS SECRETARY, DR.J.HAREENDRAN NAIR. 2. THE PRINCIPAL, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KILLI JUNCTION, KOLLODE, THIRUVANANTHAPURAM. BY ADVS. MR.BABU JOSEPH KURUVATHAZHA, MR.N.SHAMSUL HUDA. RESPONDENTS: ------------------------ 1. GOVT. OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF HEALTH & FAMILY WELFARE, DEPT. OF AYUSH, IRCSC, IST RED CROSS ROAD, NEW DELHI-1. 2. THE CENTRAL COUNCIL OF INDIAN MEDICINE, INSTITUTIONAL AREA, JANAKPURI, NEW DELHI-110 058, REP. BY ITS SECRETARY. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. THE COMMISSIONER FOR ENTRANCE EXAMINATION, GOVERNMENT OF KERALA, COMMISSIONERATE OF ENTRANCE EXAMINATION, THIRUVANANTHAPURAM. W.P.(C). NO.22373/2009-N: *ADDL.R5 IMPLEADED: 5. UNIVERSITY OF KERALA, REP. BY ITS REGISTRAR, OFFICE OF THE KERALA UNIVERSITY, THIRUVANANTHAPURAM. *IS IMPLEADED AS ADDL.R.5 IN W.P.(C).22373/09 AS PER ORDER DTD. 15/03/2010 IN I.A.NO.2042/10. *ADDL. RESPONDENTS 6 TO 10 IMPLEADED: 6. CHINJU.S. NAIR, BAMS STUDENT, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM. 7. AKHILA LAKSHMI P.S., BAMS STUDENT, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM. 8. ARATHI ANIL, BAMS STUDENT, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM. 9. SONIA JOHN, BAMS STUDENT, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM. 10. RAMZY M.R., BAMS STUDENT, PANKAJAKASTHURI AYURVEDA MEDICAL COLLEGE, KATTAKKADA, THIRUVANANTHAPURAM. *ADDL. RESPONDENTS 6 TO 10 ARE IMPLEADED AS PER ORDER DATED 22/10/2009 IN I.A. NO. 13091/2009. R1 BY MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA, R2 BY ADV. MR.K.T.THOMAS, R3 & R4 BY GOVT. PLEADER SMT. K.R. DEEPA, ADDL.R5 BY MR.M.RAJAGOPALAN NAIR, SC, KERALA UTY., ADDL.R6 TO R10 BY ADV. MR.C.P.PEETHAMBARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, ALONG WITH W.P.(C). NOS. 19796 OF 2009 AND 20209 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22373/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDING F.NO.4-10/2002-AY-(3) DTD. 29/07/2002 OF THE R.2. FORWARDED TO THE REGISTRAR, UNIVERSITY OF KERALA DETAILING THE APPROVAL PROVIDED TO THE P.1, FOR THE YEAR 2002-03. EXT.P.2: COPY OF THE PROCEEDING F.NO.4-10/2003-AY-(3) DT.D 11/07/2003 OF THE R.2. FORWARDED TO THE REGISTRAR, UNIVERSITY OF KERALA DETAILING THE APPROVAL PROVIDED TO THE P.1, FOR THE YEAR 2003-04. EXT.P.3: COPY OF THE PROCEEDING F.NO.4-49/2004 AY-DTD. 01/09/2004 OF THE R.2. FORWARDED TO THE REGISTRAR, UNIVERSITY OF KERALA DETAILING THE APPROVAL PROVIDED TO THE P.1, FOR THE YEAR 2004-05. EXT.P.4: COPY OF THE PROCEEDING F. NO.4-105/2005-UNI./2737 DTD. 07/07/2005 OF THE R.2. FORWARDED TO THE REGISTRAR, UNIVERSITY OF KERALA, DETAILING THE APPROVAL PROVIDED TO THE P.1, FOR THE YEAR 2005-06. EXT.P.5: COPY OF THE PROCEEDING F.NO.4-105/2004-UNI/4327 DTD. 03/08/2006 OF THE R.2. FORWARDED TO THE REGISTRAR, UNIVERSITY OF KERALA, DETAILING THE APPROVAL PROVIDED TO THE P.1, FOR THE YEAR 2006-07. EXT.P.6: COPY OF THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2003 (NO.8/2003) PUBLISHED BY THE R.1. IN THE GAZETTE OF INDIA DTD. 07/11/2003. EXT.P.7: COPY OF THE PROCEEDING BEARING F. NO. 28-13/2006 AY.(1) DT.D 09/10/2006 OF THE R.2. EXT.P.8: COPY OF THE COVERING LETTER DTD. 04/11/2006 SUBMITTED BY THE P.2. BEFORE THE R.2. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY THE P.2. BEFORE THE R.2. EXT.P.10: COPY OF THE MINIMUM STANDARDS & REQUIREMENTS OF AYURVEDA COLLEGES AND HOSPITALS APPROVED BY THE R.2. IN ITS 40TH MEETING HELD ON 5TH AND 6TH OF FEBRUARY, 2007. EXT.P.11: COPY OF THE ATTENDANCE REGISTER OF THE PROFESSORS/LECTURERS OF THE P.1. MEDICAL COLLEGE BEARING THE ATTESTATION OF DR. R.S. PARIHAR DTD. 29/03/2008. EXT.P.12: COPY OF THE QUALIFICATIONS OF 33 PROFESSORS/LECTURES (EXCEPT SMT. SUJATHA JAYAKUMAR) WHO ARE THE MEMBERS OF TEACHING FACULTY OF THE P.1. EXT.P.13: COPY OF THE PROCEEDING F. NO. 28-13/2008-AY.(1) DTD. 02/05/2008 OF THE R.2. W.P.(C). NO.22373/2009-N: EXT.P.14: COPY OF THE POLICY FOR THE TEACHERS FOR APPOINTMENT/PROMOTION UNDER THE RESPONDENTS. EXT.P.15: COPY OF THE ORDER BEARING NO.PAMC/A-1/101/08 DTD. 02/05/2008 ISSUED BY THE P.1. EXT.P.16: COPY OF THE ORDER BEARING NO. PAMC/A1/101/08 DTD. 17/06/2008 ISSUED BY THE P.1. EXT.P.17: COPY OF THE ORDER BEARING NO.PAMC/A-1/101/08 DTD. 17/06/2008 ISSUED BY THE P.1. EXT.P.18: COPY OF THE ORDER BEARING NO. PAMC/A-1/101/08 DTD. 17/06/2008 ISSUED BY THE P.1. EXT.P.19: COPY OF THE ORDER OF APPOINTMENT BEARING NO. PAMC/A-1/101/08 DTD. 14/08/2008 ISSUED BY THE P.1, APPOINTING DR. RAJUKUTTY AS READER IN THE P.1. COLLEGE. EXT.P.20: COPY OF THE ORDER OF APPOINTMENT BEARING NO. PAMC/A-1/101/08 DTD. 14/08/2008 ISSUED BY THE P.1. APPOINTING DR. LATHAKUMARI AS READER IN THE P.1. COLLEGE. EXT.P.21: COPY OF THE PROCEEDING F.NO.28-13/2008-COLLEGE DTD. 04/09/2008 OF THE R.2. EXT.P.22: COPY OF THE PROCEEDING BEARING F.NO.3-20/91-AY. DTD. 03/06/91 OF THE R.2. EXT.P.23: COPY OF THE MONTHLY STATEMENT OF OUT PATIENTS OF THE P.1. MEDICAL COLLEGE FOR THE YEAR 2007-08. EXT.P.23(A): COPY OF THE DETAILS OF PATIENTS ATTENDED THE P.1. COLLEGE DURING 2008-09. EXT.P.24: COPY OF THE LETTER DTD. 27/06/2008 OF THE R.1. EXT.P.25: COPY OF THE EXPLANATION DTD. 08/07/2008 OFFERED BY THE P.2. BEFORE THE R.1. EXT.P.26: COPY OF THE ORDER DTD. 18/08/2008 ISSUED BY THE R.1. EXT.P.26.A: COPY OF THE PROCEEDING F. NO. 4-49/26019/08CC DTD. 31/10/2008 OF THE R.2. EXT.P.27: COPY OF THE REPLY DTD. 07/11/2008 SUBMITTED BY THE P.2. BEFORE THE R.2. EXT.P.28: COPY OF THE COUNTER AFFIDAVIT DTD. 06/11/2008 FILED ON BEHALF OF THE R.1. IN W.P.(C).NO.26019/2008. W.P.(C). NO.22373/2009-N: EXT.P.29: COPY OF THE JUDGMENT DTD 21/11/2008 IN W.P.(C). NO. 26019/2008 OF THIS HON'BLE COURT. EXT.P.30: COPY OF THE REPORT OF INSPECTION OF THE COMMITTEE APPOINTED BY THE R.2. IN THE P.1. COLLEGE ON 03/12/2008. EXT.P.30(A): COPY OF THE DETAILS OF TEACHERS, TEACHING IN THE P.1. COLLEGE AT THE TIME OF VISIT CONDUCTED BY THE TEAM APPOINTED BY THE R.2. ON 03/12/2008. EXT.P.31: COPY OF THE COVERING LETTER BEARING NO. PAMC/A2/511/08 DTD. 31/12/2008 OF THE P.2. EXT.P.32: COPY OF THE REPRESENTATION DTD. 07/01/2009 BEARING NO. PAMC/A2/511/08 SUBMITTED BY THE P.2. BEFORE THE R.1. EXT.P.33: COPY OF THE LETTER F. NO. 4-49/08 DTD. 14/02/2009 OF THE R.2. EXT.P.34: COPY OF THE LETTER DTD. 06/04/2009 BEARING F. NO. R.17011/98/2006-EP OF THE R.1. EXT.P.35: COPY OF THE EXPLANATION DTD. 16/04/2009 SUBMITTED BY THE P.2. BEFORE THE R.1. EXT.P.36; COPY OF THE LETTER DTD. 05/05/2009 BEARING F. NO. 15-3/2009-FEE OF THE R.2. EXT.P.36.A: COPY OF THE LETTER BEARING NO.PAMC/A2/511/09 DTD. 26/05/2009 SUBMITTED BY THE P.2. BEFORE THE R.2. EXT.P.37: COPY OF THE DETAILS OF FACULTY MEMBERS WHO WERE WORKING IN THE P.1. COLLEGE ON 09/07/2009 AND CONTINUING IN THE SERVICE. EXT.P.38: COPY OF THE SCHEME FOR THE ALLOTMENT OF STUDENTS FOR THE YEAR 2009-10 PUBLISHED BY THE R.5. EXT.P.39: COPY OF THE ORDER NO. R-17011/98/2006-EP DTD. 24/07/2009 PASSED BY THE R.1. EXT.P.40: COPY OF THE JUDGMENT DTD. 27/07/2009 IN CONT. CASE (C).NO.847/2009 OF THIS HON'BLE COURT. EXT.P.41: COPY OF THE DETAILS OF STUDENTS WHO ARE ALREADY UNDERGOING BAMS COURSE FOR THE SESSION 2008-09 IN THE P.1. COLLEGE AND COMPLETED 1ST YEAR BAMS COURSE. EXT.P.42: COPY OF THE ORDER DTD. 06/08/2009 IN W.P.(C).NO.22373/09 OF THIS HON'BLE COURT. EXT.P.43: COPY OF THE ORDER DTD. 14/08/2009 IN W.P.(C).NO.22373/09 OF THIS HON'BLE COURT. EXT.P.44: COPY OF THE ORDER NO. R.17011/96/2009-EP DT.D 31/08/2009 ISSUED BY THE R.1. W.P.(C). NO.22373/2009-N: EXT.P.45: COPY OF THE LIST OF 25 STUDENTS ISSUED BY THE R.4. FOR BAMS COURSE IN THE P.1. COLLEGE. EXT.P.46: COPY OF THE LIST OF THOSE 25 STUDENTS ADMITTED FOR BAMS COURSE FOR THE SESSION 2009-10 IN THE 1ST PETITIONER COLLEGE. EXT.P.47: COPY OF THE PROCEEDING BEARING NO. EF.II/93/4265/2008-09 DTD. 17/07/2009 ISSUED BY THE CONTROLLER OF EXAMINATIONS OF THE UNIVERSITY OF KERALA. EXT.P.48: COPY OF THE PROCEEDING NO.EF.II/93/4265/2008-09 DTD. 01/08/2009 ISSUED BY THE CONTROLLER OF EXAMINATIONS OF THE UNIVERSITY OF KERALA. EXT.P.49: COPY OF THE PROCEEDING NO. EF.II/5/93/4265/2008-09 AND 18/09/2009 ISSUED BY THE CONTROLLER OF EXAMINATIONS OF THE UNIVERSITY OF KERALA. EXT.P.50: COPY OF THE PROCEEDING NO. PAMC/A2/502/09 DTD. 21/11/2010 ISSUED BY THE P.2. EXT.P.51: COPY OF THE PROCEEDING NO.CE/2/2010 DTD.10/02/2010 OF THE UNIVERSITY OF KERALA. EXT.P.52: COPY OF THE PROCEEDING NO. PAMC/12/502/10 DTD. 18/02/2010 OF THE P.2. EXT.P.53: COPY OF THE PROCEEDING NO. EE III B/2010 DTD. 25/02/2010 OF THE ADDL.R5. RESPONDENTS' EXHIBIT & ANNEXURES: EXT.R5.A: COPY OF THE PROCEEDING BEARING NO.EE.II/934265/2008-09 DTD. 17/07/2009 OF THE UNIVERSITY OF KERALA. ANNEXURE-1: COPY OF THE LETTER DTD 19/01/2009 ISSUED BY CCIM TO R.1. ANNEUXRE-2: COPY OF THE LETTER DTD. 12/08/2009 ISSUED BY CCIM RECOMMENDING GRANT OF PERMISSION TO THE PETITIONER COLLEGE FOR THE ACADEMIC YEAR 2009- 2010. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ------------------- W.P.(C).22373, 20209 & 19796/2009 -------------------- Dated this the 19th day of March, 2010 JUDGMENT W.P.(C).19796/2009 is filed by Nangeli Ayurveda Medical College, whose students admitted to the BAMS Course during the academic year 2008-09 are the petitioners in W.P.(C). 20209/2009. W.P.(C).22373/2009 is filed by Pankajakasthuri Ayurveda Medial College which also has admitted students to BAMS course, during the academic year 2008-09. 2. In these writ petitions, the issue is concerning admissions made to BAMS course during the academic year 2008-09, when the petitioner colleges were declined permission for admitting the students. It is on account of the above, these writ petitions were filed. It is pointed out that at the same time these colleges were granted approval for making admissions in the academic year 2009-10. 3. During the pendency of these writ petitions, the Ministry of Health & Family Welfare, Department of Ayurveda, Yoga & W.P.(C).22373/09 & Connected cases 2 Naturopathy, Unani, Siddha & Homoeopathy vide its letter dated 6.1.2010 informed the Secretary, Central Council of Indian Medicine as follows: “In continuation to the Department's letter of even No. dated 22.12.09, I am directed to convey herewith the decision taken in the meeting held on 24.11.09 chaired by the Honourable Minister for Health and Family Welfare and co-chaired by the Honourable Minister of state (H & FW) regarding regularization of admissions for the session 2008-09 in permitted colleges of session 2009-10, as following: “Some of the existing Ayurveda, Siddha and Unani colleges were no granted permission for taking admissions in the year 2008-09 but they had made admissions prior to the issue of disapproval. Some of these disapproved colleges fulfilled the basic eligibility conditions in the subsequent year and have been granted conditional permission to take admissions for the year 2009-10. Therefore taking into consideration the sincere efforts made by these W.P.(C).22373/09 & Connected cases 3 colleges for fulfillment of the requisite infrastructure and recruitment of the desired number of eligible teaching staff, the admissions made in the academic year 2008- 09 shall be regularized in such colleges and this shall not be used as precedent in future.” 4. In pursuance to the above, the aforesaid Department vide its letter dated 19.3.2010 has given instruction to the learned Assistant Solicitor General of India which reads hereunder. “I am directed to refer to your letter dated 5th March, 2010, (received through fax on 15.3.2010) on the subject cited above and to state that the copy of the letter No.R.11011/08/2009-EP dated 6.1.2010 of the Department of AYUSH produced by the petitioners during further hearing before the Honourable High Court is indeed copy of a communication issued by the Department of AYUSH but not an approval order per se and it only conveys to CCIM one of the decisions taken by the Central Government during the meeting held on 24th November, 2009. The W.P.(C).22373/09 & Connected cases 4 requisite approval letters in respect of each such college, which had been denied permission under Section 13C of the IMCC Act, 1970 for the academic year 2008-09 but admitted students and which have since been granted permission, with conditions, for the academic year 2009-10 would be issued as and when the college concerned approaches with a request.” 5. In view of the aforesaid two letters, these writ petitions are disposed of directing that it will be open to the petitioner colleges to make applications to the aforesaid Department of the Government of India in which event, necessary orders, as mentioned in the communications referred to above, will be issued by the Department without further delay in the matter. Writ petitions are closed with the aforesaid direction. ANTONY DOMINIC, Judge mrcs