JUDGMENT : Heard learned Senior Advocate Mr.D.C.Dave with learned advocate Mr.Udayan P. Vyas for the petitioners, learned advocate Mr.Siddharth Dave for the respondent Nos.1,2,3 and 5, learned advocate Mr.K.M.Antani for the respondent No.4 and learned advocate Mr.A.R.Thacker for the respondent No.6. 1. Rule, returnable forthwith. Learned advocate Mr.Siddharth Dave waives service of notice of rule for the respondent Nos.1,2,3 and 5, learned advocate Mr.K.M.Antani waives service of notice of rule for the respondent No.4 and learned Advocate Mr.A.R.Thacker waives service of notice of rule for the respondent No.6. 2. With regard to the controversy arising in this petition in narrow compass, with the consent of the learned advocates for the respective parties, the same is taken up for hearing. 3. 2. With regard to the controversy arising in this petition in narrow compass, with the consent of the learned advocates for the respective parties, the same is taken up for hearing. 3. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs : “(A)That, this Hon’ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding Respondent No.2 and Respondent No.3 herein to grant extension of permission to “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 with an intake of 100 seats for admission of students in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2021-22; (AA)That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, one or direction commanding Respondent No.1 herein to grant extension of permission to “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 with an intake of 100 seats for admission of students in the discipline of Homoeopathy at the level of graduation leading to the Qualification of BHMS for the academic year 2021-22; (B) That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction declaring an Order dated 24th March, 2022 passed by Central Government (Annexure “Q”) confirming an Order dated 7th February, 2022 (Annexure “L”) passed by National Commission for Homoeopathy confirming an Order dated 16th December, 2021 (Annexure “I”) passed by the Medical Assessment and Rating Board for Homoeopathy reducing the intake from 100 seats to 60 seats while granting extension of permission for admission to “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 in BHMS Course for the Academic Year 2021-22 as null, void, arbitrary, discriminatory and non-est thereby Violating Article.14 and Article.19(1)(g) of the Constitution of India and thereupon the same be quashed and set aside to that extent; (C) That, this Hon’ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Admission Committee to include the name of “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 in the centralized process of admission for the academic year 2021-22 with an intake of 100 seats with a further direction to Saurashtra University to enroll students so admitted; (D) That, pending admission, hearing and final disposal of this Petition, this Hon’ble Court be pleased to allow “Limbdi Homoeopathic Medical College and Hospital” run and managed by Petitioner No.1 to admit students with an intake of 100 seats to BHMS course for the Academic Year 2021-22 through the centralized process of admission undertaken by Admission Committee of the State with a further direction to Saurashtra University to enroll students so admitted on such terms and conditions as the Hon’ble Court may deem fit and proper; (E) That, this Hon’ble Court be pleased to grant such further and other relief as the nature and circumstances of the case may require; (F) That, this Hon’ble Court be pleased to award the cost to this Petition.” 4. The brief facts of the case are as under : 4.1. The petitioner No.1 is a public Trust running and managing a Homeopathy College affiliated with the Saurashtra University. The petitioner-Trust established a Homeopathy College in the year 2015 and made an application for imparting education of homeopathy with an intake of 100 seats on and from Academic Year 2016-2017. 4.2. The application made by the petitioner-Trust was declined by order dated 19th October, 2016 passed by the Central Government. The petitioner thereafter, filed petition before this Court and by judgment and order dated 8th March, 2017, the Division Bench of this Court allowed the Letters Patent Appeal as well as the petition filed by the petitioner-Trust quashing and setting aside the order dated 19th October, 2016 passed by the Central Government and directed to issue forthwith the letter of permission under Section 12A of the Homeopathy Central Council Act, 1973 (for short ‘the Act, 1973’) to the petitioner- Trust to start the College in the discipline of Homeopathy at the level of graduation with effect from Academic year 2016-2017. 4.3. The petitioner-Trust had to agitate for allotment of intake of 100 seats for the BHMS course from the Academic Year 2017-2018 which was granted subject to outcome of the ongoing litigation being Special Civil Application No.20150 of 2017 which was also disposed of by order dated 05.12.2018 by this Court (Coram: Hon’ble Mr.Justice J.B.Pardiwala). 4.4. The petitioner-Trust made an application for Academic Year 2021 for intake of 100 students, however, vide order dated 28th January, 2021 passed by the Director on behalf of the Central Government denied the permission to the petitioner-Trust. The petitioner-Trust therefore again preferred Special Civil Application No.3637 of 2021 wherein, this Court vide order dated 20th February, 2021, granted interim-reliefs in terms of paragraph Nos.24(C) and (D) and implementation, execution and operation of the order was stayed permitting the petitioner-Trust to admit students with an intake of 100 seats for Academic Year 2021 which is pending for adjudication. 4.5. For the Academic Year 2021-2022, the petitioner-Trust submitted Part-1 of the Proforma of Inspection online to the Medical Assessment and Rating Board for Homeopathy in the month of June-July, 2021 seeking extension of permission for BHMS course with an intake of 100 seats. 4.5. For the Academic Year 2021-2022, the petitioner-Trust submitted Part-1 of the Proforma of Inspection online to the Medical Assessment and Rating Board for Homeopathy in the month of June-July, 2021 seeking extension of permission for BHMS course with an intake of 100 seats. 4.6.The petitioner-Trust received a notice dated 2nd November, 2021 by the respondent No.3-Board to respond to the deficiencies noted in the notice and further opportunity was provided to the petitioner-Trust in terms of Section 12A(4) of the Act, 1973 on 8th November, 2021 through video conferencing. 4.7. On 8th November, 2021, representative of the petitioner-Trust and its constitute College appeared online for hearing before the respondent No.3-Board and explained in detail the reasons and justifications with regard to the deficiencies raised in the hearing letter and the written explanations in the form of compliance report together with all documentary evidence and other supporting documents in respect of each of the deficiencies. 4.8. The petitioner-Trust also furnished written re-submissions on 22nd November, 2021 again explaining in detail the reasons and justification in relation to the discrepancies pointed out by the hearing committee. 4.9. The hearing committee recorded the minutes of the hearing conducted on 8th November, 2021 which is produced by the petitioner-Trust at Annexure-F (page Nos.65 to 85) wherein, the hearing committee has made over all observation as under : “Satisfactory reply from college authorities on each point categorically mentioned as above and sufficient enclosures are given herewith in support of their claim. Those deficiencies observed have been rectified from college end. Further they assured that institute has fulfilled all infrastructure as per HCC-MSR-2013 and as desired in the notice of hearing and also in online hearing dated 08/11/2021, Fresh list of teaching staff (Page no... 13-17), attendance and Acquaintance register, bank transfer statement etc. of last three month enclosed herewith (Page no..450-493). In the light of the above we do hereby State that the institute has fulfilled the MSR Regulations to conduct the BHMS Degree Course and have a functional hospital to impart the training.” 4.10. It appears that the respondent No.3 was not satisfied with the observation of the hearing committee and therefore again conducted a surprise inspection on 2nd December, 2021 of the Homeopathy Medical College of petitioner-Trust verifying physically all the requisite aspects as are required to be verified as per the rules and regulations. 4.11. It appears that the respondent No.3 was not satisfied with the observation of the hearing committee and therefore again conducted a surprise inspection on 2nd December, 2021 of the Homeopathy Medical College of petitioner-Trust verifying physically all the requisite aspects as are required to be verified as per the rules and regulations. 4.11. Considering the report of the inspection carried out on 02.12.2021, the respondent No.3 passed an order on 16.12.2021 reducing the intake capacity of the Homeopathy College of the petitioner-Trust from 100 to 60 by observing that the following deficiencies, as per the report of the inspection conducted on 02.12.2021, are not complied with by the petitioners : “1. Teaching Faculty: i. Dr.Sanjay Patel (Guest Associate Professor): DOJ: 01.04.2021. No previous teaching experience provided. ii. Affidavit not provided for Guest Faculty in department of Repertory. 2. X-ray and Clinical Laboratory not functioning properly. 3. No practical case records are available. Only Computerized entry of both OPD/IPD case records which creates doubt on functioning of the hospital. 4. During Inspection, only 1st year Students of 2020- 21 were present while statement for other batches were not present. 5. Total 73 Students of 2020-21 batch were present during Inspection against actual 62 admitted as per Part-1 information. 6. Miscellaneous: i. Salary bank statement provided only of 24 teaching Staff. Provided letter to bank with Account number and seal of bank. ii. EPF/PF/ESI deductions of teachers, non teaching staff & hospital staff not deducted. iii. Form-16 of 35 Staff was provided (30 from TRACES portal) out of which 16 only are full time teachers although college has 28 Full time teachers available.” 4.12. The petitioner-Trust therefore being aggrieved preferred an Appeal before the National Commission for Homeopathy which by order dated 4th /7th February, 2022, confirmed the order passed by the respondent No.3 holding that the Homeopathy College of the petitioner-Trust is not fulfilling the minimum required criteria for granting permission for admission in BHMS course with intake capacity of 100 seats during the Academic Year 2021-2022 with the following overall observations : “Overall observations : 1. Observations of Commission based on the submission made by Shree Limbdi Vikas Trust Homeopathic Medical College & Hospital, Limbdi-Dhanuka State Highway, district Surendra Naga 363421 Gujarat vide letter dated 24/12/2021 have been carefully examined as per the provisions of the Homoeopathy Central Council (Minimum Standards Requirement of Homeopathic Colleges and attached Hospitals) regulations, 2013 and the relevant regulations made there under and it is observed that the documents/information submitted by the College were not sufficient to substantiate their claim in respect of having eligible teachers and guest faculty in various departments as per MSR, 2013. Further, the deficiencies pertaining to functionality of IPD is serious and fundamental in nature that this adversely affects the ability of the College lo provide quality medical education in terms of provisions of the HCC Act and relevant regulations. The remarks of inspection team visited the College on 02/12/2021 is persisting.” 4.13. The petitioner thereafter preferred this petition challenging the order passed by the National Commission for Homeopathy. This Court passed the following order on 22nd February, 2022 : “Heard learned Senior Advocate Mr.Dhaval Dave assisted by learned advocate Mr.Udayan P. Vyas for the petitioners. Learned Senior Advocate Mr.Dave submitted that the respondents have not provided the copy of the inspection report dated 2nd December, 2022 and the same is considered by the respondent Commission and without providing the report dated 2nd December, 2021 of the Inspection Committee, the observations of such report of the Inspection Team has been considered to confirm the order passed by the Medical Assessment and Rating Board dated 26th November, 2021 reducing the intake of the petitioner Homoeopathic College from 100 to 60. Issue Notice returnable on 2nd March, 2022. Direct service is permitted today through email in addition to normal mode of service. To be listed on top of the Board” 4.14. On 8th March, 2022, the following order was passed : “1. Heard learned Senior Advocate Mr. Dhaval Dave for learned advocate Mr.Udayan P. Vyas for the petitioners and learned advocate Mr. Siddharth Dave for learned Additional Solicitor General Mr. Devang Vyas for the Union of India. 2. Learned advocate Mr. Siddharth Dave appearing for learned Additional Solicitor General Mr. On 8th March, 2022, the following order was passed : “1. Heard learned Senior Advocate Mr. Dhaval Dave for learned advocate Mr.Udayan P. Vyas for the petitioners and learned advocate Mr. Siddharth Dave for learned Additional Solicitor General Mr. Devang Vyas for the Union of India. 2. Learned advocate Mr. Siddharth Dave appearing for learned Additional Solicitor General Mr. Devang Vyas for the Union of India submitted that the petitioners are required to file Second Appeal before the Central Government as per section 9(6) of the National Commission for Homeopathy Act, 2020 (For short “the Act, 2020”) against the impugned order dated 7th February, 2022 passed by the National Commission for Homeopathy. 3. Learned Senior Advocate Mr. Dhaval Dave under instructions submits that the petitioners shall file Second Appeal within a period of 24 hours before the respondent no.1 - Union of India under section 9(6) of the Act, 2020. It was submitted that respondent no.1 may be directed to decide the Second Appeal at the earliest as the second round of admission is over and the petitioners are being deprived of intake of 40 students as the Commission has considered the case of the petitioners for 60 students intake only, instead of 100 students on the basis of deficiencies which do not exist. It was submitted that the third round of admission of Homeopathy colleges for academic year 2022-2023 is likely to start in the near future. 4. Learned advocate Mr.Siddharth Dave submitted that respondent no.1 – Union of India shall decide the matter as expeditiously as possible. 5. In view of the above submissions, if the petitioners file Second Appeal under section 9(6) of the Act, 2020 through e-mail within 24 hours from today challenging the order dated 7th February, 2022, respondent no.1 is directed to decide such Second Appeal on or before 16th March, 2022 after giving an opportunity of hearing to the petitioners and place the order which may be passed on record of this petition. Stand over to 17th March, 2022. Direct service today is permitted.” 4.15. On 22nd March, 2022, the following order was passed : “1. Heard learned Senior Advocate Mr.Dhaval Dave for learned advocate Mr.Udayan P. Vyas for the petitioners, learned advocate Mr.Siddharth Dave for respondent No.1 and learned advocate Mr. Shivang Thacker for learned advocate Mr. A.R.Thacker for respondent No.6. 2. Stand over to 17th March, 2022. Direct service today is permitted.” 4.15. On 22nd March, 2022, the following order was passed : “1. Heard learned Senior Advocate Mr.Dhaval Dave for learned advocate Mr.Udayan P. Vyas for the petitioners, learned advocate Mr.Siddharth Dave for respondent No.1 and learned advocate Mr. Shivang Thacker for learned advocate Mr. A.R.Thacker for respondent No.6. 2. This Court by order dated 08.03.2022 directed respondent No.1 to decide the Second Appeal under section 9(6) of the National Commission for Homeopathy Act, 2020 [‘the Act of 2020’ for short] if the petitioners file second appeal through Email within 24 hours from the date of the order. 3. Learned Senior advocate Mr. Dave submitted that the petitioners filed Second Appeal within 24 hours on 09.03.2022 and the petitioners were also heard by respondent No.1 on 14.03.2022, however, no order is passed by respondent No.1 and therefore, there is a breach of the order dated 08.03.2022 passed by this Court. 4. Learned Senior Advocate Mr. Dave further submitted that this Court adjourned the matter on 17th March, 2022 and on that day, learned advocate Mr. Siddharth Dave assured the Court that the order would be passed before the next date and as a last chance, this Court adjourned the matter today i.e. on 22.03.2022. However, no order is passed till date; nor any application is preferred by the respondent No.1 for extension of time. 5. Learned advocate Mr.Siddharth Dave submitted that the order is under process and the same shall be passed on or before 29.03.2022. 6. It appears that respondent No.1-Ministry of Ayush has no regard for the directions and order passed by this Court. Even learned advocate for respondent No.1 has no audacity to file an application for extension of time on behalf of respondent No.1. In such circumstances, there is clear breach of order dated 08.03.2022 whereby in para 5, following directions were given by this Court: “5. In view of the above submissions, if the petitioners file Second Appeal under section 9(6) of the Act, 2020 through e-mail within 24 hours from today challenging the order dated 7th February, 2022, respondent no.1 is directed to decide such Second Appeal on or before 16th March, 2022 after giving an opportunity of hearing to the petitioners and place the order which may be passed on record of this petition.” 7. This Court considering the request made by learned advocate Mr. Siddharth Dave granted time for further six days to comply with the above directions. However, today also respondent No.1 has not complied with the aforesaid direction. 8. It is very painful for this Court to see that the directions issued by this Court are not complied with by respondent No.1-Secretary of Ayush. As a last chance, respondent No.1 is directed to pass necessary orders under section 9(6) of the Act,2022 in the Second Appeal filed by the petitioners on or before 25.03.2022. 9. Stand over to 28.03.2022 failing which, further orders under the provisions of Contempt of Courts Act shall be passed.” 5.1. Learned Senior Advocate Mr.D.C.Dave thereafter amended the petition by challenging the order dated 24th March, 2022 passed by the Ministry of Ayush in the Second Appeal preferred by the petitioner confirming the orders passed by the respondent No.3-Board as well as the National Commission for Homeopathy reducing the intake capacity to 60 instead of 100 as prayed by the petitioner. 5.2. Learned Senior Advocate Mr.Dave submitted that the impugned orders passed by the Board, Commission as well as the Ministry of Ayush are contrary to the facts and evidence on record inasmuch as three orders have ignored overall observations of the hearing committee in the meeting held on 8th November, 2021 and have relied upon the inspection report dated 02.12.2021, copy of which was never provided to the petitioner- College. 5.3. It was submitted that on perusal of the remarks of the Ministry, it has referred to the observations of the hearing committee with regard to the deficiencies which are pointed out in the notice dated 10th March, 2022 and it was submitted that after notice dated 10th March, 2022 issued by the Ministry of Ayush, no further hearing was conducted by any hearing committee. It was submitted that the petitioners since November, 2021 have submitted explanations for all the deficiencies. 5.4. With regard to the deficiencies observed by the Ministry of Ayush in the order dated 24th March, 2022, it was submitted that it is true that there is no guest faculty in the Department of Preparatory. It was submitted that the petitioners since November, 2021 have submitted explanations for all the deficiencies. 5.4. With regard to the deficiencies observed by the Ministry of Ayush in the order dated 24th March, 2022, it was submitted that it is true that there is no guest faculty in the Department of Preparatory. However, reliance was placed on the Regulation of the Act, 1973 and it was submitted that the deficiencies up to 10% can be considered by the authority to grant the intake of 100 students and the petitioner-Trust has also undertaken to fulfill the deficiencies as no guest faculty is available in the Department of Preparatory. 5.5. With regard to deficiencies of X-Ray and Clinical Laboratories not functioning properly, it was submitted that inspection committee physically verified on 02.12.2021 with regard to such deficiencies, however, the National Commission for Homeopathy as well as the Ministry of Ayush have relied upon the observations made by the hearing committee which is referred to in the remarks column. It was pointed out that the respondent No.3-Medical Assessment and Rating Board has also relied upon the report dated 02.12.2021 ignoring the observations made by the hearing committee in the minutes dated 08.11.2021 (Annexure-F). 5.6. With regard to the deficiency of no practical case records are available, it was pointed out that again all the three authorities have relied upon the report of dated 02.12.2021 ignoring the observations made by the hearing committee. It was submitted by learned Senior Advocate Mr.Dave, with regard to the deficiency of non-availability of the students and deduction of EPF/PF etc. from the salary of the teachers, that they are not part of the minimum standard requirement to grant intake capacity to the petitioner-College and therefore, such issues raised by the respondents are required to be ignored though the petitioner- College has referred to and have explained in detail with regard to the non-availability of the students as they have gone on a picnic as well the optional deduction of EPF/PF in the State of Gujarat. 5.7. It was therefore submitted that the respondent authorities have passed the impugned orders without considering the explanation given by the petitioner-College and made observations which are contrary to the records and prayed that the impugned orders be quashed and set aside. 6.1. 5.7. It was therefore submitted that the respondent authorities have passed the impugned orders without considering the explanation given by the petitioner-College and made observations which are contrary to the records and prayed that the impugned orders be quashed and set aside. 6.1. On the other hand, learned advocate Mr.Siddharth Dave submitted that the respondent authorities have considered the observations made by the inspection committee in the inspection carried out on 02.12.2021 wherein, various deficiencies were pointed out, and the same were communicated to the petitioner-College in the notice dated 10.03.2022, however, the petitioner- College has chosen not to give explanation as required by the said notice. The respondent authorities have passed the impugned order of reducing the intake capacity from 100 to 60 students in view of such deficiencies. It was submitted that as per the rule 7 of the Homeopathy Central Council (MSR) Rules, 2013, the petitioner-College is required to maintain the case records of the OPD which was not made available. 6.2. It was submitted that the respondent authorities have carried out the inspection and on basis of the inspection report, the deficiencies were found and there are concurrent findings of facts given by the three authorities which may not be interfered by this Court while exercising extra-ordinary jurisdiction under Articles 226 and 227 of the Constitution of India as the respondent authorities are the expert bodies who have taken a conscious decision to reduce the intake capacity from 100 to 60 in view of the deficiencies found from the record of the petitioner-College. 7. Considering the above submissions, it appears that the respondent-Authorities have ignored the observations made by hearing committee in the hearing which took place on 08.11.2021 and thereafter, appointed the inspection Committee to have physical inspection on 02.12.2021. It is pertinent to note that the report of the inspection conducted on 02.12.2021 was not provided to the petitioner-College in spite of the fact that the petitioner-College requested for the same. 8. It also emerges from the records that the National Commission for Homeopathy while deciding in the First Appeal filed by the petitioner-Trust by the order dated 7th February, 2022 has ignored the observations made by the hearing committee. 8. It also emerges from the records that the National Commission for Homeopathy while deciding in the First Appeal filed by the petitioner-Trust by the order dated 7th February, 2022 has ignored the observations made by the hearing committee. It appears from the proceedings which are conducted by the respondent-Authorities that the observations of the hearing committee are not at all taken into consideration by the respondent No.3 while passing the order dated 16.12.2021 for reducing the intake from 100 seats to 60 seats. The respondent No.3 instead of referring to the minutes of hearing which took place before the hearing committee on 08.11.2021, has relied upon the report of the inspection conducted on 02.12.2021 to reduce the intake capacity. The respondent No.3 has not given any opportunity of hearing to the petitioners to meet with the deficiencies as pointed out in the order dated 16.12.2021. Even if the deficiencies pointed out in the inspection conducted on 02.12.2021 are taken into consideration, none of the deficiencies would be sufficient to justify the action of the respondent No.3 to reduce the intake from 100 to 60 students. 9. Section 12 of the Homeopathy central Council Act, 1973 as well as Homeopathy Central Council (MSR) Regulations, 2013 (for short ‘Regulations, 2013’) stipulates the infrastructure facilities of the College to provide quality medical education. However, it appears that the respondent No.3 and the Appellate Authorities have misinterpreted and misapplied the Regulations by stretching it too far to reduce the intake capacity for the reasons best known to them. There is nothing on record to show as to when Regulation provides for 10% deficiency can be considered for granting the intake of 100 students, the same was not considered either by the respondent No.3-Board or the Appellate Authorities. 10. Similarly, with regard to the non-functioning of the X-Ray and Clinical Laboratories, there is no finding as to how such X-Ray and Clinical Laboratories are not functioning properly. 10. Similarly, with regard to the non-functioning of the X-Ray and Clinical Laboratories, there is no finding as to how such X-Ray and Clinical Laboratories are not functioning properly. The respondent No.3 has not given any reason and relied upon the inspection report dated 02.12.2021 whereas, the Second Appellate Authority i.e. Ministry of Ayush has relied upon the observations of the hearing committee that the representative of the petitioner-College did not attach any supporting documents to verify the functionality of X-Ray and Clinical Laboratories in his submission and further, no original purchase vouchers, stock register, issue register in support of the availability of the equipments in various departments including Bio-Chemistry Department are produced. As against that, the explanation given by the petitioner-College is that both the X-Ray and Clinical Laboratories were found functional during the physical inspection conducted on 02.12.2021. Thus, the reasons given by the Appellate Authorities are contradictory to the report of the physical inspection conducted on 02.12.2021 and has relied upon the observations which are made by the hearing committee in the meeting held on 08.11.2021, though, at the end of the such hearing, the committee made an overall observation finding that no major deficiency is found with the petitioner-College. Thus, it appears that the impugned orders are passed by the respondent-Authorities without application of mind and without considering the documentary evidence available on record. 11. Similarly, with regard to the deficiency that no practical case records are available, it is pointed out by the petitioner-College before the hearing committee as well as before the First Appellate Authority and the Second Appellate Authority that Hospital is working properly and it was physically verified by the visiting team of the Medical Inspectors on 02.12.2021 that in the Hospital, data of OPD/IPD patients are available both manual and on computer. However, the Appellate Authority reiterated the observations made by the hearing committee and thus, on this aspect also without application of mind, the explanation given by the petitioner- College is not considered. 12. However, the Appellate Authority reiterated the observations made by the hearing committee and thus, on this aspect also without application of mind, the explanation given by the petitioner- College is not considered. 12. With regard to the deficiencies of non-availability of the students, non-deduction of EPF/PF from the Teachers, non-teaching staff and hospital staff and non-availability of Form No.16 are concerned, such deficiencies cannot be taken into consideration for deciding intake capacity as per the Regulations, 2013 and therefore, such issues have been wrongly considered by the Authorities for denying the intake capacity of 100 students to the petitioner, and the petitioner could have been directed to rectify such deficiencies. 13. For the foregoing reasons and in view of the fact that the impugned orders are based on conjecture and surmises and without application of mind, the same are quashed and set aside. The petition is accordingly allowed. The respondent- Authorities are directed to issue the order of 100 intake capacity for the petitioner-College forthwith for the academic year 2021-2022 instead of 60 intake capacity. Rule is made absolute to the aforesaid extent. No orders as to cost.