ORDER/JUDGMENT – Shri Vinay Saraf, learned senior counsel along with Shri Rizwan Khan, learned counsel for the petitioners. Shri Himanshu Joshi, learned Additional Solicitor General for the respondent No. 1/Union of India. Shri Pushyamitra Bhargava, learned counsel for the respondent No. 2. Shri Vinay Gandhi, learned Government Advocate for the respondent/ State. The petitioner before this Court has filed this present petition being aggrieved by the order dated 13-7-2019 passed by the respondent No. 1, by which, the petitioner has not been permitted to admit the students for the academic year 2019-20. 2. The facts of the case reveal that the petitioner is a minority institution running in the name of Al Farooque Unani Tibbiya College. The college has been established by Al Farooque Educational Society duly incorporated on 11-7-1973. 3. The undisputed facts also reveal that an inspection was carried out on 3-5-2019 by the Visiting Committee and the Visiting Committee submitted a report and following discrepancies were noticed by the Visiting Committee : – “The visitation of Al-Farooque Unani College Indore was performed dated on 3-5-2019 as per your letter Reference No. 11-123/2019-unani visitation dated 2-5-2019 and the following observation has made 1. The college having the required No. of infrastructure and equipment as per MSR of CCIM for 100 seat admission capacity. The statistics of teaching faculty submitted by college CCIM in proforma-1 show 34 code allotted teachers. Out of them 2 teachers on informed leave, hence they are not present on the day of visitation. 2. Dr. Sajid Kabir Professor in department of Kulliyat code No. (ULK009) allotted by CCIM was not linked but he was present in the college and group photo on the day of visitation. 3. Dr. Zahid Hussain (Asst. Prof) in the department of Kulliyat code No. (UKL0093) has given his consent to join the college after permission of 100 seat capacity. (Letter Attached) 4. Another 18 teacher including 1. Dr. Zeba Hanif lecturer in department of Kulliyat 2. Dr. Azaz Khan lecturer in department of Kulliyat 3. Abul Ala Khan lecturer in department Kulliyat 4. Dr. Saba Khanam lecture in department of Kulliyat working in this institution but there code is not allotted by CCIM. In this reference it has to be stated that these 18 teachers appointment termination has been stayed by the honourable Mahaya Pradesh High Court in CWJC No. 1727/2019 on dated 28-1-2019. (Copy Attached) 5. Dr. Saba Khanam lecture in department of Kulliyat working in this institution but there code is not allotted by CCIM. In this reference it has to be stated that these 18 teachers appointment termination has been stayed by the honourable Mahaya Pradesh High Court in CWJC No. 1727/2019 on dated 28-1-2019. (Copy Attached) 5. Non-teaching Staff are of 38 and hospital staff are of 117.” 4. A show-cause notice was issued by the Government of India on the basis of report submitted by respondent No. 2/Central Council of Indian Medicine. Paragraph-2 of the show-cause notice reads as under : – “2. On examining the same in terms of the Indian Medicine Central Council (Requirement of Minimum Standard for under-graduate Unani Colleges and attached Hospitals) Regulation, 2016 provisions under the IMCC Act 1970, relevant regulations made thereunder and as per approved Standard Operative Procedure (SOPs), it appears that the college is not fulfilling following requirements : I. There is no higher faculty in the department of Kulliyat against the requirement of 02 as per RMS 2016. II. There is only 01 Higher Faculty available in each of department of Ilmul Advia, Moalajat Jarahat, Ain-Uzn-Anf-Wa-Halaf-Wa-Asnan and Amraz-E-Jild Wa Tazeeniyat against the requirement of 02 as per RMS 2016. III. There is no lower Faculty in the department of Ilmul Saidla and Amraz Jild Wa Tazineeyat against the requirement of 01 as per RMS 2016. IV. There is only Lab Technician available in Saidla department against the requirement of 02 as per RMS 2016. V. www.afumcindore.com college website is not working properly and information is not updated as per RMS, 2016. 5. The petitioner did submit a reply and a final order has been passed in the matter. The Government of India by an order dated 13-7-2019 has granted liberty to the petitioner/College to remove all deficiencies enabling the Central Council of Indian Medicine to carry out inspection for grant of permission of intake in respect of UG (BUMS) for the academic session 2020-21. 6. Another important aspect of the case is that the last date in respect of counselling is already over. 7. 6. Another important aspect of the case is that the last date in respect of counselling is already over. 7. Learned senior counsel for the petitioner has vehemently argued before this Court that the deficiencies have been rectified by them, the college was already having intake capacity of 50 seats and an application to increase intake from 50 to 100 for the academic session 2019-2020 was submitted and an inspection was carried out, which has resulted in denial of admission in respect of total seats, and therefore, action of the respondents is bad in law. 8. A reply has been filed in the matter and the respondents, on an affidavit, have categorically stated that the Inspecting Committee has noticed large number of deficiencies and the college has not at all rectified the deficiencies and at this juncture, the question of granting permission to the petitioner to admit students does not arise. 9. The order passed by the Government of India as contained in paragraph-7, 8, 9 and 10 reads as under : – “7. WHEREAS, in view of the observation of the Hearing Committee based on submission made by the college representatives during hearing and the recommendations and visitation report of the CCIM referred in para 3 above, it is found that, Al Farooq Unani Tibia College, 1, Dargah Main Road, Khajrana Indore-452016, Madhya Pradesh is not fulfilling the following basic minimum requirements for grant of permission for the academic session 2019-20 : I. There is no higher faculty in the department of Kulliyat as per RMS 2016. (Teaching staff is essential for conduction of regular classes for the Students and necessary Patient care through the OPD and IPD services and play cardinal role in the functionality of the college and hospital). II. There is only 01 Higher Faculty available in each of department of Ilmul Adia, Moalajat, Jarahat, Ain-Uzn-Anf-Wa-Halaq-Wa-Asnan and Amraz-E-Jild was tazeeniyat against the requirement of 0 as per RMS 2016. (Teaching staff is essential for conduction of regular classes for the Students and necessary Patient care through the OPD and IPD services and play cardinal role in the functionality of the college and hospital). III. There is no lower Faculty in the department of Ilmul Saidla and Amraz Jild wa Tazineeyat against the requirement of 01 as per RMS 016. (Teaching staff is essential for conduction of regular classes for the Students and necessary Patient care through the OPD and IPD services and play cardinal role in the functionality of the college and hospital). III. There is no lower Faculty in the department of Ilmul Saidla and Amraz Jild wa Tazineeyat against the requirement of 01 as per RMS 016. (Teaching staff is essential for conduction of regular classes for the Students and necessary Patient care through the OPD and IPD services and play cardinal role in the functionality of the college and hospital). 8. WHEREAS, in view of the shortcomings and deficiencies mentioned in above paras, it is found that the said college is not fulfilling the requirements as per regulation 3 of the Indian Medicine Central Council (Requirement of Minimum Standard for Under-graduate Unani Colleges and Attached Hospitals) Regulations 2016 provisions under the IMCC Act, 1970, relevant regulations made there under and as per approved standard operative procedures (SOPs) for granting permission for 100 seats in UG (BUMS) course for the academic session 2019-20. 9. NOW, THEREFORE, in view of the shortcomings and deficiencies particularly about required number of Teaching faculty as per RMS, 2016, which violate the provisions of the IMCC Act and the relevant regulations and is of such a serious and fundamental in nature that they adversely affect the ability of the College to provide quality medical education in terms of the provisions of the IMCC Act and the relevant regulations, it has been decided by the Central Government for denial of permission to take admission to UG (BUMS) course with 50 seats for the academic session 2019-20 as well as not issuing Letter of Permission (LoP) to increase intake capacity from 50 to 100 UG (BUMS) seats from the academic session 2019-20 to Al Farooq Unani Tibia College, 1, Dargah Main Road, Khajrana Indore-452016, Madhya Pradesh under section 13-A/13-C of the IMCC Act, 1970. 10. 10. Further, it is informed that the college is being provided a period up to 31-12-2019 to fulfill the shortcomings observed during this year as mentioned in above paras along with the following requirements, so that the CCIM may carry out inspection of the college for consideration of matter for grant of permission for taking admissions in UG (BUMS) course from the academic year 2020-21: (i) All the Minimum Standards Requirements of infrastructure and teaching and training facilities as specified in Regulation 3 and 10 of the “Indian Medicine Central Council (Requirement of Minimum Standard for under-graduate Unani Colleges and attached Hospitals) Regulations, 2016; (ii) All the Requirements of “Indian Medicine Central Council (Requirements of Minimum Standard of Educations in Indian Medicine) Amendment Regulations, 2016 (for Unani college); and (iii) All the requirements under the provisions of the IMCC Act, 1970 and relevant Regulations made thereunder should be fulfilled in toto;” 10. This Court does (not) find any reason to doubt the report submitted by the Inspecting Committee keeping in view the regulation framed by the Government of India in exercise of power conferred under Clause-J of section 36 known as Indian Medicine Central Council (Minimum Standard Requirement of Unani Colleges and Attached Hospital) Regulations, 2013. The Central Council is competent to carry out inspection of colleges and a report has been forwarded to the Central Government for taking final decision in the matter. 11. Undisputedly, the inspection was carried out by the Government of India, there were large number of discrepancies/deficiencies and based upon the discrepancies/deficiencies, the impugned order has been passed. At this juncture, the question of directing the Central Council to carry out fresh inspection does not arise. In case, the petitioners have removed its deficiencies/discrepancies and they are fulfilling all the requisite conditions, as provided under the regulations, the petitioner shall certainly be free to submit a fresh application for the academic session 2020-21. 12. Another important aspect of the case is that in respect of academic year 2018-19, another order was passed on 24-9-2018 by the Government of India, as the present petitioner was not fulfilling the requirement under the Regulation of 2013. 12. Another important aspect of the case is that in respect of academic year 2018-19, another order was passed on 24-9-2018 by the Government of India, as the present petitioner was not fulfilling the requirement under the Regulation of 2013. This Court in the case of petitioner/College itself while deciding W. P. No. 23527/2018, Al-Farooque Educational Society and another vs. Union of India and others dated 19-9-2019 has passed the following order : – “Heard learned counsel for the parties at length and perused the record. Facts of the case reveal that the petitioner College is an Ayurvedic college established under section 3-A of the Indian Medical Council Act, 1970. The petitioner College as stated in the Writ Petition, is running for the last 15 years and lastly vide order dated 16-8-2017, permission was granted for intake of 50 seats in undergraduate (BUMS) course. The petitioner applied for grant of permission in respect of BUMS course for the academic session 2018-2019 (50 UG Seats) and the Central Council of Indian Medicine conducted an inspection on 5-2-2018, 26-2-2018 and 21-5-2018 to assess the available facilities of teaching and practical training and to verify the compliance report submitted by the College. The respondent No. 2 submitted a report on 12-7-2018 and the following deficiencies were noticed in the report : (i) There is shortage of 04 resident medical officers/RSO/MO/CR. (ii) Pharmacists are short by 02. (iii) Staff Nurse for in-patient department is short by 01. (iv) Availability of instruments and equipments are less than 75% in each of the Department of Labour Room, Jarahat, Ain (Eye) Surgical and ENT surgical. The recommendations and visitation report submitted by respondent No. 2 was examined keeping in view the provisions contained under the Indian Medicine Central Council (Requirements of Minimum Standards for undergraduate Ayurveda Colleges and attached Hospitals) Regulations, 2016 and the College was lacking basic eligibility conditions. The petitioner College was again granted an opportunity of hearing vide letter dated 3-8-2018 in terms of the provisions as contained under section 13-A of the IMCC Act, 2017 to represent their case and hearing was held on 14-8-2018. The petitioner College was again granted an opportunity of hearing vide letter dated 3-8-2018 in terms of the provisions as contained under section 13-A of the IMCC Act, 2017 to represent their case and hearing was held on 14-8-2018. The College was not in a position to produce sufficient documents/evidence to substantiate their claim of having 75% of the equipments and instruments in each of the Department of Labour Room, Eye Department, ENT Department, Demonstration Room, web based computerised central registration system, functional X-Ray, ECG and USG, functional biometric attendance system for teaching staff and non-teaching staff. As the College was not fulfilling the norms and standards laid down under the Regulations governing the field, the College has been denied permission for granting admission in 50 undergraduate seats pertaining to BUMS course keeping in view section 13-A and 13-C of the IMCC Act, 1970 for the academic session 2018-2019 and, therefore, no case for interference is made out in the peculiar facts and circumstances of the case. Learned counsel for the petitioner has placed reliance upon the judgment delivered by the Apex Court in the case of Kanachur Islamic Education Trust (R) vs. Union of India and another, reported in (2017) 15 SCC 702 . This Court has carefully gone through the aforesaid judgment. In the aforesaid case, the material placed before the respondents therein indicating that the deficiencies stood removed. In the present case, the deficiencies were not at all removed and in those circumstances, the judgment relied on by the learned counsel for the petitioner is distinguishable on facts. This Court is of the considered opinion that for this academic session the question of grant of relief to the petitioner does not arise and the College is certainly free to remove the deficiencies and to apply afresh for the next academic session after removing all the deficiencies noticed by the inspecting team as well as by the Government of India. This Court does not find any reason to interfere with the impugned order passed by the respondents. With the aforesaid, the present Writ Petition is dismissed. ” 13. The earlier writ petition was in respect of academic session 2018-19 and the present petition is in respect of academic session 2019-2020, and therefore, liberty is granted to the petitioner to rectify all discrepancies/ deficiencies and to apply afresh in accordance with law. With the aforesaid, the present Writ Petition is dismissed. ” 13. The earlier writ petition was in respect of academic session 2018-19 and the present petition is in respect of academic session 2019-2020, and therefore, liberty is granted to the petitioner to rectify all discrepancies/ deficiencies and to apply afresh in accordance with law. With the aforesaid, the present writ petition stands disposed of. Certified copy, as per rules.