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HC sets aside verdict asking Centre to allow fresh admissions in ayurved college

Monday, 12 November 2012 - 5:53pm IST | Place: New Delhi | Agency: PTI

Centre said Dhanwantri Ayurvedic Medical College and Hospital lacked basic infrastructure facilities.

The Delhi High Court has quashed the verdict of its single-judge bench order to the Centre to allow an Ayurvedic college to have fresh admissions in BAMS course, saying such decisions are to be best left for experts.

A bench of Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw allowed the Centre's appeal against the judgement of the single judge bench which had quashed its decision not to allow fresh admission in Dhanwantri Ayurvedic Medical College and Hospital (DAMCH) here.

The Centre had also been asked to permit DAMCH to admit students to Bachelor of Ayurvedic Medical Sciences (BAMS) course for academic year 2012-13.

The division bench reserved the verdict, taking note of the Centre's submission that permission to admit students was denied as DAMCH lacked requisite infrastructure facilities such as required number of teachers.

Writing the judgement for the bench, Justice Endlaw referred to various case laws and said, "Even otherwise, the courts have always been loath to interfere in educational matters. The legislature has vested the power to grant permission in the appellant (Centre).

"Courts have a very limited role particularly when no mala fide has been alleged against the experts and that it would normally be prudent, wholesome and safe for the courts to leave the decision to the experts."

The court, however, allowed the medical college to apply for permission "afresh" with the Centre after complying with "minimum requirements."

DAMCH, which was first allowed in 2009-10 to induct 50 students in BAMS course, was later denied the permission on various grounds, including that it had only 19 teachers instead of requisite 32.

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