Nov 11, 2012

Not right to deny admission despite council nod, says HC

CHENNAI: Frowning upon the union health ministry's closure order against an ayurveda college in Coimbatore district, the Madras high court has said it was not proper to deny admission of students even after the Central Council for Indian Medicine (CCIM) nod.

Justice D Hariparanthaman, directing the department of health and family welfare (AYUSH), New Delhi, to grant permission for the Coimbatore-based AVR Educational Foundation's Ayurveda College, said that when the findings of the CCIM had not been disputed, the Centre cannot take a view different from the one that was taken by the inspecting CCIM team.

According to Isaac Mohanlal, counsel for the college, the institution was started 28 years ago and it offered 5-year degree course BAMS under the affiliation of the Tamil Nadu Dr MGR Medical University. After the advent of the Indian Medicine Central Council Act, 1970, the college was treated as an existing institution and it was given permission upto 2010-11 to admit students.

The present writ petition was filed after the permission to admit students was denied for the year 2012-13. The Centre issued a show-cause notice in May 2012 stating the college didn't fulfil the minimum criteria of having 100 patients a day and having at least 40% of the beds occupied.

Denying the allegations, Isaac Mohanlal pointed out that after a spot inspection, the CCIM had recorded that the hospital had a patient load of 124.2 per day, and that 66.7% of the beds occupied.

Justice Hariparanthaman, agreeing with the Centre's contention that it could refuse permission despite CCIM recommendation, said that in case of contrary view the Centre shall direct the CCIM to conduct a fresh inspection and submit a report. Also, the authorities cannot ask institutions to bring truckload of documents to New Delhi to find out the validity of the inspection report.

He then quashed the impugned order of the department, and directed it to grant permission for the college to conduct the BAMS course with an intake of 40 students for the academic year 2012-13. 


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