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TMI Blog2013 (3) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... of a common order dated 4th October, 2012, in regard to admissions to the various institutions teaching the Indian form of medicines such as Ayurvedic, Unani, Siddha, etc. for the academic year 2011-12. Special Leave Petition (C) No. 35051 of 2012 has been filed by the Umar Bin Khattab Welfare Trust against the judgment of the Aurangabad Bench of the Bombay High Court against an order dated 29th December, 2010, regarding admissions for the self-same period. The other Special Leave Petitions relate to the common orders dated 13 th July, 2012 and 2nd August, 2012 passed by the Nagpur Bench of the Bombay High Court regarding admissions for the year 2011-12. Yet, another Special Leave Petition regarding admissions for the year 2012-13, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cine Central Council Act, 1970, hereinafter referred to as the 1970 Act , which was amended in 2003, to incorporate Sections 13A, 13B and 13C, which provided the procedure for establishing new colleges and making provision for seeking prior permission of the Central Government in respect of the same. The amendment also attempted to bring in reforms in the existing colleges by making it mandatory for them to seek permission from the Central Government within a period of three years from their establishment. Having regard to the said amendments, the Central Council of Indian Medicine, with the previous sanction of the Central Government, framed Regulations, in exercise of the powers conferred on it by Section 36 of the 1970 Act. The said Reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e academic years, 2008-09, 2009-10 and 2010-11. It is only obvious that the minimum standards were insisted upon by the Council to ensure that the colleges achieved the minimum standards gradually. 6. It may be noted that there was little or no response from the institutions concerned in regard to removal of the deficiencies in their respective institutions and it is only when the notices were given to shut down the institutions that they woke up from their slumber and approached the courts for relief. 7. In many of these cases, permission was given by the Courts to the institutions concerned to accept admission forms, but they were directed not to pass any orders thereupon till the decision of this Court in these Special Leave Petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Department, the average had been found to be 98.55%. 10. Mr. Gopal Subramaniam, learned Senior Advocate, who had appeared with Mr. Dhorde, had submitted that the said figure was not absolutely accurate since the calculation had been based on 300 days and not 292 days, on account of certain holidays which had gone unnoticed. In the fact situation of the case, the said institution could be treated on a different level from the other institutions, whose applications had been rejected for various other deficiencies. 11. At this juncture, it may be noticed that we had occasion to dismiss SLP(C) No. 35367 of 2012, on 4th January, 2013, on the ground that orders as prayed for therein would have the effect of problems being created for the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd those who are the beneficiaries of the system, the Special Leave Petitions were liable to be dismissed. 13. It is no doubt true, that applications have been filed by a large number of students for admission in the Institutions imparting education in the Indian form of medicine, with the leave of the Court, but it is equally true that such leave was granted without creating any equity in favour of the applicants. Those who chose to file their applications did so at their own risk and it cannot now be contended that since they have been allowed to file their applications pursuant to orders passed by the Court, they had acquired a right to be admitted in the different Institutions to which they had applied. The privilege granted to the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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