JUDGMENT : BELA M TRIVEDI, J. 1. With the consent of the learned Advocates for the parties and considering the exigency involved in the reliefs claimed in the petitions, they were heard finally at the admission stage. 2. In both the petitions, the petitioners have mainly sought directions against the respondent No.1, Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) and the concerned respondent No.2 - Council to adhere to the outer time limit of May 31, prescribed vide communication dated September 1, 2017 for grant of permission/renewal of permission to their respective member colleges. 3. Special Civil Application No.18816 of 2018 has been filed by the petitioner Swanirbhar Homoeopathic Medical College Sanchalak Mahamandal, a society registered under the Societies Registration Act, 1860, espousing the cause of their member educational institutions imparting education in the discipline of Homoeopathy established under the provisions contained in the Homoeopathy Central Council Act, 1973 (hereinafter referred to as the “HCC Act”). 4. Special Civil Application No.18817 of 2018 was initially filed by the sole petitioner Association of self-financed Ayurveda Colleges of Gujarat, however, the said Association being not a registered association, the petitioner, with the permission of the Court, had impleaded three Colleges as the petitioner Nos.2 to 4, which are imparting education in the discipline of Ayurveda established under the provisions contained in Indian Medicine Central Council Act, 1970 (hereinafter referred to as the “IMCC Act”). 5. So far as the self-financed Homoeopathy Colleges are concerned, the respondent No.1 Ministry of AYUSH is the competent authority for grant of permissions referred to in Section 12A of the HCC Act, which require that a prior permission of the respondent No.1 is a sine qua non for commencing a college for the discipline of Homoeopathy at any level, as also for opening a new course for study in respect of an existing college already having permission, and also for increasing intake in respect of the existing colleges functioning with the permission of the respondent No.1. The respondent No.2 the Central ncil of Homoeopathy is the body duly constituted under Section 3 of the HCC Act, which acts as an expert body in respect of the matters concerning education for the discipline of Homoeopathy, including the matters for permissions to be granted by the respondent No.1 under Section 12A of HCC Act. 6. The respondent No.2 the Central ncil of Homoeopathy is the body duly constituted under Section 3 of the HCC Act, which acts as an expert body in respect of the matters concerning education for the discipline of Homoeopathy, including the matters for permissions to be granted by the respondent No.1 under Section 12A of HCC Act. 6. So far as the self-financed Ayurveda Colleges are concerned, the respondent No.1 AYUSH is the competent authority for grant of permissions referred to in Section 13A of the IMCC Act, under which similar permissions as required to be obtained by the Homoeopathy colleges under Section 12A of HCC Act, are required to be obtained. For Ayurveda Colleges, the Central Council of Indian Medicine, a body constituted under Section 3 of the IMCC Act acts as an expert body in respect of all matters concerning the education in the discipline of Ayurveda, including the matters for permissions to be granted by the respondent No.1 under Section 13A of IMCC Act. 7. In both the cases i.e. for the discipline of Homoeopathy and for the discipline of Ayurveda, the concerned College is required to move an application to the respondent No.1 for the grant of permission for either imparting or continuing to impart education or for increasing the intake in the existing colleges. As per the case of the petitioners, Regulation 11 of the Homoeopathy Central Council (Minimum Standard Requirements of Homoeopathy Colleges and attached Hospitals) Regulations, 2013 (hereinafter referred to as “the Regulations 2013), and Regulation 10 of the Indian Medicine Central Council (Minimum Standard Requirements for under-graduate Ayurveda Colleges and attached Hospitals) Regulations, 2016 (hereinafter referred to as “the Regulations 2016), require the concerned college to apply to the Central Council of Homoeopathy or Central Council of Indian Medicine, as the case may be, for the purpose of renewal of permission granted by the respondent No.1 to establish a medical college and admit students on yearly basis. Hence, the concerned college has to apply to the respondent No.2 Council and based upon such application, the concerned college would be inspected by the respective respondent No.2 Council. Hence, the concerned college has to apply to the respondent No.2 Council and based upon such application, the concerned college would be inspected by the respective respondent No.2 Council. The recommendations of the respondent No.2 Council are placed before the respondent No.1 for further action thereon in the form of either renewal or non-renewal of permission already granted by the respondent No.1 under Section 12A of the HCC Act or Section 13A of IMCC Act, as the case may be. It is further case of the petitioners that since the Regulations 2013 or the Regulations 2016, as the case may be, do not prescribe any detailed time schedule for the process of applications for the grant or refusal of renewal of permissions, the respondent No.1 AYUSH has issued a communication dated 1.9.2017 addressed to the Central Council of Homoeopathy and Central Council of Indian Medicine, laying down the guidelines relating to processing and timelines for permissions/renewal of permissions of Ayurveda, Siddha, Unani, and Homoeopathy colleges. However, the respondent Nos.1 and 2 have consistently failed to adhere to the said timelines mentioned in the said communication dated 1.9.2017, as a result thereof the petitioner colleges are deprived of admitting meritorious students who opt for BHMS or BAMS course in the common admission process. The student diaspora also can not make an informed decision regarding availability of the institutions and the seats before participating in the centralized admission process for BHMS/BAMS courses, which is undertaken along with the MBBS/BDS courses. Hence, the petitions have been filed, seeking inter alia directions against the concerned respondents authorities to adhere to the said timelines specified in the communication dated 1.9.2017. 8. The respondent No.1 Ministry of AYUSH has filed the affidavit-in-reply to the petition being SCA No.18816 of 2018 in a way supporting the cause espoused by the petitioners contending inter alia that the Ministry of AYUSH constantly pursues the matters in connection with its functions for strict compliance of the provisions of HCC Act and at the same time following various policy decisions, instructions, directions or orders issued in those regards by the State Government. As per the Regulations 2011, the time schedule was fixed for processing the applications received under Section 12A of the HCC Act, however, the said time schedule being very cumbersome, in order to streamline the process, the Ministry of AYUSH has prescribed new guidelines vide the order dated 1.9.2017. As per the Regulations 2011, the time schedule was fixed for processing the applications received under Section 12A of the HCC Act, however, the said time schedule being very cumbersome, in order to streamline the process, the Ministry of AYUSH has prescribed new guidelines vide the order dated 1.9.2017. The Central Government has also in exercise of the powers conferred by Section 22 read with Section 12A of the HCC Act, amended the Regulations 2011 in tune with the guidelines issued on 1.9.2017 and vide the Notification dated 1.6.2018 has issued the amended Regulations 2018, called the Establishment of new Homoeopathy Medical College (Opening of new or higher course of study and training and increase of admission capacity by the medical college) Regulations, 2018. As per the amended Regulations of 2018, the Central Council of Homoeopathy is authorized to issue a letter of intent in order to set up a new Homoeopathy Medical College or to open new course or to increase intake capacity. 9. Learned Sr. Advocate Mr.Dhaval Dave for the petitioners vehemently submitted that the respondent No.1 in order to streamline the process for processing and granting/renewing the permissions to Homoeopathy and Ayurveda colleges received by the respondent authorities under the HCC Act or IMCC Act as the case may be, had issued the guidelines vide the communication dated 1.9.2017 stipulating the timelines, however, the said guidelines are not being adhered to by the respondent authorities, as a result of which the petitioner colleges suffer great hardships and the students desirous of getting admissions in BHMS course or BAMS course are deprived of pursuing their career in the said branches of medical science in the petitioner colleges. Elaborating his argument, he submitted that there is a common centralized process for the admission in MBBS/BDS/BHMS/BAMS. The outer limit prescribed for the grant of permission/renewal of permission to the Homoeopathy and Ayurveda colleges and that prescribed for medical and dental colleges is also the same i.e. 31st May as per the said communication dated 1.9.2017. The BHMS/BAMS courses are alternative to MBBS and BDS courses within the broader discipline of medical sciences. The time schedule prescribed for the MBBS and BDS courses had undergone judicial scrutiny for strict adherence to the time limit prescribed for the admission in the said courses, and the same is being maintained by the respondent authorities, however, it is not being maintained for BHMS/BAMS courses. The time schedule prescribed for the MBBS and BDS courses had undergone judicial scrutiny for strict adherence to the time limit prescribed for the admission in the said courses, and the same is being maintained by the respondent authorities, however, it is not being maintained for BHMS/BAMS courses. He further submitted that though the petitioner colleges make requisite applications within the prescribed time limit, for renewal of their permissions granted under Section 12A of HCC Act/Section 13A of IMCC Act, the respondent authorities do not take timely decisions, as a result of which the petitioner colleges are not considered qualified for the purpose admitting the students in the first and second rounds of counselling and due to such delay they are included in the third or fourth round of counselling when the entire admission process would be on the verge of completion. 10. He further submitted that for the academic year 2018-19 all Homoeopathy medical colleges in the State of Gujarat were inspected during the period from April 2018 to July 2018 and the exercise of issuing show-cause notices and personal hearing before the designated hearing committee of the respondent No.1 was conducted in August - October 2018. The final orders either granting or not granting permission/renewal of permission for the academic year 2018-19 were issued in the month of September - October 2018, whereas pursuant to the guidelines issued by the respondent No.1 in the communication dated 1.9.2017 all the applications for permission/renewal of permission have to be decided by May 31. Due to non-adherence of the said time limit, the Homoeopathy medical colleges were included in the centralized process of admission conducted by the respondent No.4 Admission Committee at a very later stage of third and fourth counselling. Similarly, the Ayurveda medical colleges in the State were inspected by the concerned respondent authorities during the period April - May 2018 and the exercise of issuing show-cause notices and personal hearing was conducted during July - October 2018 and final orders for granting or not granting permission/renewal of permission for the academic year 2018-19 were issued by the respondent No.1 in the month of September-October 2018, instead of May 31, as per the communication dated 1.9.2017. According to him, this year also the inspections in the petitioners' colleges were to be completed by the respondent Councils by 31st of March, however, the inspections have been carried out in very few colleges and not done in majority of the colleges as on the date. He, therefore, submitted that it would be in the utmost interest of the Medical education in general and the students diaspora in particular to direct the respondent authorities to strictly adhere to the said guidelines contained in the communication dated 1.9.2017. 11. Learned Advocate Mr.Siddharth Dave appearing for the learned ASG Mr.Devang Vyas for the respondent No.1, however, submitted that the respondent No.1 being alive to the hardships faced by the medical colleges and the students, had already issued the guidelines as per the communication dated 1.9.2017 and has also recently made amendment in the year 2018 in the relevant Regulations, incorporating the said timelines in the Regulations. He also submitted that the respondent No.2 Council has to carry out the inspections of all the concerned colleges, and make recommendations to the respondent No.1, which itself is a humongous task. On the basis of the recommendations of the respondent Council the decisions for granting or not granting permissions are taken by the respondent No.1 at the earliest, however, due to certain administrative problems being faced by the respondent authorities, the delay occurs which the respondent No.1 is always trying to minimize. 12. As stated herein above, the petitions have been filed seeking enforcement of the guidelines issued by the respondent No.1 to the respective respondent Councils vide the communication dated 1.9.2017, for processing and deciding the applications received from the respective Homoeopathy and Ayurveda medical colleges for granting/renewing the permissions under the provisions contained in HCC Act/IMCC Act. The timelines fixed by the respondent No.1 in the said communication are as under:- (i) Guidelines for streamlining the process and timelines for granting/renewal of permissions of ASU & H Colleges Sr. No. State of processing Last Date I. NEW APPLICATIONS under 12A of HCC Act, 1973 and/ 13A under IMCC Act, 1970 1 Receipt of applications by the Central Government 1st July to 31st August (both days inclusive) of any year 2 Forwarding of eligible applications by Central Government to Central Council of Homoeopathy/Central Council of Indian Medicine for technical scrutiny. No. State of processing Last Date I. NEW APPLICATIONS under 12A of HCC Act, 1973 and/ 13A under IMCC Act, 1970 1 Receipt of applications by the Central Government 1st July to 31st August (both days inclusive) of any year 2 Forwarding of eligible applications by Central Government to Central Council of Homoeopathy/Central Council of Indian Medicine for technical scrutiny. 30th September 3 Recommendations of Central Councils to Central Government for issuing LOP/denial 31st March 4 Decision of the Ministry 31st May II. For Existing Colleges:- 1 Inspection of Colleges by Councils and submitting inspection/report and recommendations to the Central Government. From 1 st January to 31st March 2 Decision of he Ministry 31st May 13. Vide the said communication, it has also been directed by the respondent No.1 AYUSH to the Central Council of Homoeopathy and Central Council of Indian Medicine to strictly comply with the said directions. 14. It is also pertinent to note that as per the affidavit-in-reply filed on behalf of the respondent No.1, recently the said guidelines have been made part of the Regulations called the Regulations for the Establishment of new Homoeopathy medical colleges (opening of new or higher course of study or training and increase of admission capacity by medical colleges) Amendments Regulations 2018. Thus, the said guidelines as such have acquired statutory force also. 15. At this juncture, it would be also pertinent to mention that the Homoeopathy Central Council Act, 1973 was enacted to provide for constitution of Central Council of Homoeopathy and the maintenance of a Central Register of Homoeopathy and for matters connected therewith. Accordingly, the Central Council of Homoeopathy i.e. respondent No.2 is constituted under Section 3 of the said Act. As per Section 12A of HCC Act, no person can establish a Homoeopathic Medical College, and no existing Homoeopathic Medical College can open a new or higher course of study or training, or increase its intake capacity in the course of study or training, except with the previous permission of the Central Government obtained in accordance with the provisions of the said Section. So far as renewal of permission granted under Section 12A of the HCC Act is concerned, it appears that the Central Council of Homoeopathy with the previous sanction of the Central Government has made Regulations in exercise of the powers conferred by Clause (J) of Section 33 of the HCC Act, vide the Notification dated 8.3.2013. Regulation 11(2) of the said Regulations of 2013 reads as under:- 11. Phase wise specific requirement of new colleges.- (1) xxx (2) The permission to establish a medical college and admit students may be granted initially for a period of one year and may be renewed on yearly basis subject to verification of fulfillment of year-wise requirements as mentioned under sub-regulation (1), and it shall be the responsibility of the college to apply to the Central Council of Homoeopathy for purpose of renewal six months prior to the expiry of the initial permission, which process will continue till such time the establishment of the medical college is completed for passing-out of the first batch.” 16. In view of the above Regulation, the existing Homoeopathy Colleges have to apply to the respondent Council for the purpose of renewal, six months prior to the expiry of the initial permission, and such process has to continue till such time the establishment of the medical college is completed for passing out of the first batch. 17. Similarly the Indian Medicine Central Council Act 1970 has been enacted to provide the constitution of Central Council of Indian Medicine and the Maintenance of Central Register of Indian Medicine and for matters connected therewith. As per the definition Clause (e) contained in Section 2(i) of the said Act, “Indian Medicine” means the system of Indian Medicine commonly known as “Ashtang Ayurveda, Siddha (or Unani Tibb), whether supplemented or not by such modern advances as the Central Council may declare by Notification from time to time. As per Clause (ea) of Section 2(1) of the said Act, “Medical college” means a college of Indian Medicine, whether known as such or by any other name, in which a person may undergo a course of study or training including any post-graduate course of study or training which will qualify him for the award of a recognized medical qualification. As per Clause (ea) of Section 2(1) of the said Act, “Medical college” means a college of Indian Medicine, whether known as such or by any other name, in which a person may undergo a course of study or training including any post-graduate course of study or training which will qualify him for the award of a recognized medical qualification. Section 13A of the said Act is para-materia with Section 12A of the HCC Act in respect of obtaining permission for establishment of new medical college, new course of study etc. So far as renewal of permission is concerned, it appears that there is no specific provision for the same either in the IMCC Act or in the Regulations framed thereunder. However, the Central Council of Indian Medicine has with the previous sanction of the Central Government, in exercise of the powers conferred by Clause (j) of Section 36 of the IMCC Act 1970 framed the Regulations vide the Notification dated 7.11.2016, to regulate the requirements of colleges for education in Ayurveda System of Medicine. As per Regulation 10 of the said Regulations of 2016, an Ayurveda College seeking permission for starting Bachelor of Ayurvedic medicine and surgery (Ayurvedacharya) course under the provisions of Section 13A of the IMCC Act, has to establish infrastructure and manpower in a Phase manner as specified therein, till the admission of the fourth batch of students. It has been stated therein inter alia that the permission to establish a new medical college and admission to the students shall be granted initially for a period of one year and shall be renewed on yearly basis subject to verification of achievement of annual targets as specified in sub-regulation (1) of the Regulation 10 of the said Regulations. Therefore, the Ayurveda colleges also have to apply for renewal of the permission granted to establish the college every year, and comply with the phase-wise requirements as stated in the said regulation till the admission of the fourth batch of students. 18. It would be further pertinent to note that the students are granted admissions to the BHMS Course offered by any Homoeopathy Medical College and to the BAMC course offered by any Ayurveda Medical College through the centralized admission process conducted by the respondent No.4 Admission Committee following the merit list prepared on the basis of NEET. 18. It would be further pertinent to note that the students are granted admissions to the BHMS Course offered by any Homoeopathy Medical College and to the BAMC course offered by any Ayurveda Medical College through the centralized admission process conducted by the respondent No.4 Admission Committee following the merit list prepared on the basis of NEET. A common counselling takes place for all the courses i.e. MBBS, BDS, BHMS and BAMS. The Supreme Court in case of Mridul Dhar (Minor) and Anr. Vs. Union of India and Ors., (2005) 2 SCC 65 has issued directions streamlining the process of admission in MBBS/BDS courses fixing the timelines, and has also further directed that the time schedule for establishment of new college or to increase intake in existing college shall be strictly adhere to by all concerned. The Court, therefore, finds substance in the submission of learned Sr. Advocate Mr.Dhaval Dave that there should be strict adherence to time schedule for the grant/renewal of permission as required to be obtained under the HCC Act or IMCC Act and the Regulations framed thereunder. Non-adherence to the time schedule may entail serious consequences, which not only may jeopardize the interest of the students, and the institutes like the petitioner colleges, but may also jeopardize the maintenance of proper standard of medical education. The inclusion of courses of AYUSH system of medicine in NEET and further admission in order of merit from common merit list prepared on the basis of NEET itself signifies that in practice, the admission in the BHMS/BAMS courses is a part of centralized admission process conducted for the MBBS/BDS courses. It is, therefore, imperative for an effective implementation of the centralized admission process that a student is made well aware of his/her available choices of the courses as well as of the colleges at the time of taking decision with regard to his/her admission. Under the circumstances, it is not only desirable but necessary that the process of requisite renewal permissions required to be obtained by the existing respective colleges running medical courses is completed prior to the commencement of the common centralized admission process for medical courses. 19. Under the circumstances, it is not only desirable but necessary that the process of requisite renewal permissions required to be obtained by the existing respective colleges running medical courses is completed prior to the commencement of the common centralized admission process for medical courses. 19. While completely agreeing with the submissions made by the learned Advocate Mr.Siddharth Dave for the respondent No.1 that in order to maintain proper standard of medical education, the respondent authorities have to examine whether the medical colleges have provided proper infrastructure facilities and other requirements as per the provisions contained in the HCC Act/IMCC Act, and that the inspection to be carried out by the respondent Councils in each and every college in the country itself is a humongous task, the Court is of the opinion that a harmonious and coordinated action being the paramount object to be achieved in the medical education, both the respondent Nos.1 and 2 authorities are expected to work in tandem and to take timely decisions. 20. It is needless to say that in order to build up a coherent and disciplined method of study and to ensure proper implementation of the formulated scheme of medical education, the timelines set out in the communication dated 1.9.2017 for the permissions/renewal of permissions required to be obtained under HCC/IMCC Act are as important as the timelines set out for the admission to the medical courses, which include Homoeopathy and Ayurveda. The said guidelines issued in the communication dated 1.9.2017 having also been incorporated in the Regulations of 2018 framed under the HCC Act, the said timelines have acquired the statutory force and the implementation thereof has to be construed as mandatory and not directory. 21. In that view of the matter it is directed that the respective respondent authorities in both the petitions shall adhere to the outer time limits prescribed in the communication dated 1.9.2017 for granting/not granting of the permissions/renewal of permissions to the Homoeopathy and Ayurveda Medical Colleges under Section 12A of the HCC Act/Section 13A of IMCC Act and the Regulations made thereunder. 22. The petitions stand allowed to the aforesaid extent.