In this letters patent appeal, the Union of India challenged an order allowing an Ayurveda college to increase BAMS seats from 50 to 60. The bench dismissed the appeal, holding that since the institution had requisite facilities, it was not a fit case for interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Letters Patent Appeal No.1798 of 2014(O&M) Date of Decision: January 15, 2015
Union of India
.....Appellant
versus
Ch.Devi Lal College of Ayurveda and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present:Mr.Sukhdeep Singh Sandhu, Advocate,
for the appellant. Mr.Rajiv Atma Ram, Senior Advocate with Mr.Arjun Pratap Atma Ram, Advocate, for the caveator-respondent.
-.-
Surya Kant, J. (Oral)
The order dated 06.10.2014 passed by learned Single Judge approving the intake of additional 10 seats, i.e., increase from 50 to 60 in the respondent-Ayurdeva College in BAMS course for the session 2014-15, is under challenge in this letters patent appeal at the instance of Union of India.
The respondent-Institution being on caveat, it was informed by its learned counsel on November 04, 2014 that the order passed by learned Single Judge approving the increase of seats from 50 to 60 has been given effect by the State Government and the University and consequently, 60 students have already been admitted.
MOHINDER KUMAR 2015.02.04 10:57 I attest to the accuracy and authenticity of this document Chandigarh
[2]
LPA No.1798 of 2014 (O&M)
The above-stated fact is not disputed by learned counsel for the appellant also.
We have heard learned counsel for the parties and gone through the order passed by learned Single Judge.
Since additional intake has been accorded by learned Single Judge keeping in view the notification dated 18.07.2012 issued by the Central Council of Indian Medicine (CCIM) and the respondent-Institutions have been found possessing the requisite facilities and infrastructure for 60 seats, it does not appear to be a fit case to interfere with the order passed by learned Single Judge.
Dismissed.
January 15, 2015 [RAJ MOHAN SINGH] Mohinder JUDGE
MOHINDER KUMAR 2015.02.04 10:57 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether to interfere with the single judge order approving the increase of AYUSH college seats from 50 to 60.
Whether the applicant institution possessed requisite facilities and infrastructure for the increased intake.
1 provisions across 1 enactments
Union of India
Ch.Devi Lal College of Ayurveda
Surya Kant
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
