LexAYURVED SHASTRA SEVA MANDAL & ANR. versus UNION OF INDIA & ORS.
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[2013] 4 S.C.R. 1098 A AYURVED SHASTRA SEVA MANDAL & ANR. B v. UNION OF INDIA & ORS. (Special Leave Petition (Civil) No. 31892 of 2012) MARCH 06, 2013 [ALTAMAS KABIR, CJI., ANIL R. DAVE AND VIKRAMAJIT SEN, JJ.] Education/Educatinal Institutions - Admission - To C medical institutions - In Graduate and Post Graduate courses - Refusal by the Department of 'A YUSH' to grant permission to the medical institutions to admit students for the academic year 2011-12 - On the ground of deficiencies in the infrastructure and teaching staff - Held: It is for the experts and D not the Court to judge the eligibility of an institution to conduct classes - Since the experts opined that the institutions in question were not eligible to conduct classes and also because more than half of the session for first year course is over, the petitions dismissed - Indian Medicine Central E Council Act, 1970 - Establishment of New Medical College, Opening of New or Higher Course of study or Training and Increase of Admission Cpacity by a Medical College Regulations, 2003 - Indian Medicine Central Council (Permission to Existing Medical Colleges) Regulations, 2006. F Department of 'AYUSH' refused to grant permission to the medical institutions teaching Indian form of medicines, to admit students for the academic year 2011- 12, on the ground of deficiencies in the infrastructure and teaching staff. As the institutions did not remove the G deficiencies, notices were sent to shut down the institutions. The institutions approached High Court and their petitions were dismissed. Hence the present petitions. H 1098 AYURVED SHASTRA SEVA MANDAL v. UNION OF 1099 INDIA Dismissing the petitions, the Court HELD: 1. It is not for the Court to judge as to whether a particular Institution fulfilled the necessary criteria for being eligible to conduct classes in the concerned discipline or not. That is for the experts to judge and according to the experts, the Institutions were not geared to conduct classes in respect of the year 2011-12. [Para 14] [1105-H; 1106-A] A B Shri MoNi SaNajanik Kelavni Manda/ Sanchalit MSKM B.Ed. College vs. National Council for Teachers' Education C and Ors. (2012) 2 SCC 16: 2011 (13) SCR 555 - referred to. 2. It is no doubt true, that applications have been filed by a large number of students for admission in the 0 Institutions imparting education in the Indian form of medicine, with the leave of the Court, but it is equally true that such leave was granted without creating any equity in favour of the applicants. Those who chose to file their applications, did so at their own risk and it cannot now E be contended that since they have been allowed to file their applications pursuant to orders passed by the Court, they had acquired a right to be admitted in the different Institutions to which they had applied. The privilege granted to the candidates cannot now be transformed into a right to be admitted in the course for which they had applied. More than half the term of the first year is over. Though it has been contended on behalf of F the Institutions concerned that extra coaching classes would be given to the new entrants, it is practically impossible for a student to pick up the threads of G teaching for the entire first year when half the course had been completed. [Para 13] [1105-D-G] Case Law Reference: 2011 (13) SCR 555 referred to Para 3 H 1100 SUPREME COURT REPORTS [2013) 4 S.C.R. A CIVIL APPELLATE JURISDICTION : SLP (Civil) No. 31892 of 2012. From the Judgment & Order dated 04.10.2012 of the High Court of Bombay at Aurangabad in WP No. 7854 of 2011. B WITH S.L.P. (C) Nos. 33452, 33455, 33560, 34001, 34020, 34255, 34264, 30156, 30086, 31349, 23715, 33908, 33909, 33897 of 2012 1118-1119 of 2013, 35051, 39893, 381of2012. c Sidharth Luthra, ASG, R.N. Dhorde, Huzefa Ahmadi, Mahendra Singh Singhvi, M.Y. Deshmukh, Yatin M. Jagiap, Shrikant R. Deshmukha, Shree Prakash Sinha, Nawalendra Kumar, Shekhar Kumar, Janme Jay, Uday B. Dube, Gagan Sanghi, Rameshwar Prasad Goyal, Siddhesh Kotwal, D Nirnimesh Dube, Satyajit A. Desai, Somnath Padhan, Anagha S. Desai, Shirish K. Deshpande, Sudhanshu S. Choudhari, Vijay Kumar, Vishwajit Singh, Shivaji M. Jadhav, Prity Kunwar, Shoeb Alam, Ashok Panigrahi, Apporva Bhivnesh, Ashok Kumar Gupta II, S. Mahale, Kuldip Singh, Mohana, Aditya E Singla, Gargi Khanna, Vanshika, Sushma Suri, T.k. Joseph, H
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