High Court calls for support to ayurvedic colleges

Saurabh Malik

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Chandigarh, July 18

The Punjab and Haryana High Court has ruled that colleges and institutions with the necessary infrastructure for ayurvedic medical programmes should be motivated to assist in the larger objective of improving the country’s medical infrastructure.

The assertion came as a Division Bench allowed a petition filed against the Union of India and other respondents by National College of Ayurveda & Hospital at Barwala through counsel Arjun Partap Atma Ram. It set aside – among other things – impugned letter dated September 6, 2023, vide which conditional permission was granted for 60 seats, instead of 100, in UG (BAMS) course for the academic session 2023-24. The Bench also set aside another order, vide which it was held that seven teachers were working only on papers.

“It is the need of the hour to encourage colleges/institutions, which possess the necessary infrastructure for running ayurvedic medical college, to contribute to the bigger goal of strengthening the infrastructure of the system of medicine in the country,” the Bench of Justice Anupinder Singh Grewal and Justice Kirti Singh asserted.

The Bench observed a surprise inspection was admittedly conducted in July 2023 after which the show-cause notices were issued alleging “12 teachers to be present on paper and not physically present”. Subsequently, a monetary penalty was imposed on the ground that seven physically absent teachers were appointed on paper.

The Bench added that interestingly all seven teachers were found present in the inspection conducted earlier. In fact, all 44 teachers were reflected as present, showing no deficiency in the staff, during a subsequent surprise inspection in February.

Besides this, the seat intake in 2022 was increased from 60 to 100 in UG (BAMS) course after the institute was duly inspected. At that point of time, no deficiency was pointed out by the authority concerned. “In the instant case, the issue is solely with regard to presence of seven teachers on the date the inspection was conducted. This court is mindful that the courts should be slow to interfere with the opinion expressed by the experts. However, in cases where there is illegality and the principles of natural justice have not been followed, and where erroneous orders have been passed on account of non-consideration of material evidence, this court deems it appropriate to exercise its jurisdiction under Article 226 of the Constitution of India,” the Bench asserted.

Before parting with the matter, the Bench also made absolute orders dated October 19, 2023. The court, vide this and another order dated November 3, 2023, had stayed the impugned orders and further allowed the petitioner-college to continue with the provisional counselling for remaining 40 seats, subject to final decision of the writ petition.

Need to strengthen system of medicine

It is the need of the hour to encourage colleges, which possess the necessary infrastructure for running ayurvedic medical college, to contribute to the bigger goal of strengthening the system of medicine. — High Court