IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.38730/2019 (EDN – REG-P) BETWEEN:
AMRUTHA AYURVEDA MEDICAL COLLEGE AND HOSPITAL, BEHIND ONAKE OBAUVVA STADIUM CHITRADURGA - 577 501 REPRESENTED BY ITS SECRETARY, MR. BHARATH L S/O PROF.L.LINGANNA AGED MAJOR.
(BY SRI. ABHISHEK MALIPATIL, ADV.,) … PETITIONER AND:
1. THE UNION OF INDIA MINISTRY OF AYURVEDA, YOGA AND NATUROPATHY UNANI SIDDHA AND HOMOEOPATHY (AYUSH) AYUSH BHAWAN, B BLOCK, G.P.O.COMPLEX, INA NEW DELHI - 110 023 REPRESENTED BY ITS SECRETARY/UNDER SECRETARY.
2. THE CENTRAL COUNCIL OF INDIA MEDICINE 61-65, INDUSTRIAL AREA, JANAKAPURI, NEW DELHI - 110 058 REPRESENTED BY ITS SECRETARY.
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041.
REPRESENTED BY ITS REGISTRAR.
4. THE STATE OF KARNATAKA DIRECTORATE OF AYUSH, DHANAVANTRI ROAD, BENGALURU - 560 009 REPRESENTED BY ITS DIRECTOR.
(BY SRI. MANASI KUMAR, ADV., FOR C/R2 SRI C. SHASHIKANTHA, ASG., FOR R1) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.05.06.2019 FOR THE ACADEMIC YEAR 2019-20 PASSED BY THE R-1 VIDE ANNX-A.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has sought for the following reliefs:
i. Issue a writ in the nature of Certiorari or any other appropriate Writ or Order or Direction, quashing the impugned order No.F.No.L- 14014/2019 – EP (1) dated 05.06.2019 for the academic year 2019-20 passed by the respondent No.1 vide Annexure – A;
ii. Issue a writ in the nature of mandamus or any other appropriate Writ or Order or Direction, directing the respondent No.1 to accord/grant conditional permission to the petitioner Institution to conduct UG-BAMS course for the Academic Session 2019-20 with an intake capacity of 60 seats.
2. In support of the petition, one of the contention is that persons who heard the petitioner have not passed the impugned order which is not disputed by the respondents. In identical matter in W.P. No.31569/2019, matter was remanded for afresh consideration, whereas, impugned order therein was treated as show cause notice to the petitioner and petitioner was directed to furnish its explanation and thereafter either two official members or single member were directed to hear the petitioner after fixing the date and thereafter to proceed to pass final order.
3. In the instant petition also impugned order Annexure-A is treated as show cause notice. Petitioner is directed to furnish explanation within a period of one week from today. Thereafter, the competent authority is hereby directed to hear the petitioner, so also examine the records to be produced by the petitioner and thereafter pass appropriate order within a period of three weeks from the date of receipt of petitioner’s explanation read with oral hearing of petitioner’s representative.
Sri Shashikanth, learned ASG is permitted to file memo of appearance.
Sd/- JUDGE BS