Ayurved Mediical CollegeversusThe Union of India

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11794 of 2021
     ======================================================
     Ayurved Medical College and Hospital, Ghughari Tand, Gaya through its
     Principal, Dr. Uma Shankar Pandey,aged about 65 Years, Gender Male, S/o
     Late Basudeo Pandey Resident of Mohalla In Side of Mangla Gauri Gate,
     P.O. Chand Chaura (Gaya), P.S. Vishnupad, District-Gaya, Pin-823001.

                                                                ... ... Petitioner/s
                                       Versus
1.   The Union of India through its the Secretary, Minstry of Health and Family
     Welfare Department of Health, Ayush, IRCS Building, I Red Cross Road,
     New Delhi-01.
2.   The Under Secretary to the Govt. of India, Ministry of Ayurveda, Yoaga,
     Naturopathy, Unani Siddha and Homoeopath, Ayush Bhawan, B Block, GPO
     Complex, INA, New Delhi Pin Code-110023.
3.   The Central Council of Indian Medicine through its Secretary, Office of 61-
     65, Institutional Area, Jahakpuri, D-Block, New Delhi, 110058
4.   The Asistant Registrar, Central Council of Indian Medicine, Office, of 61-
     65, Instirutional Area, Janakpuri, D-Block, New Delhi,110058.
5.   The State of Bihar through its Principal Secretary, Health and Family
     Welfare Department, Govt. of Bihar, Vikas Bhawan, New Secretariiat, Patna.
6.   The Special Secretary, Health Department, Govt. of Bihar, Patna.
7.   The Director, Medical and Health Services, Govt. of Bihar Patna.
8.   The Commissioner, Magadh Division, Gaya.
9.   The Deputy Development Commissioner (D.D.C.), Gaya.
10. The District Magistrate, Gaya.
11. The Kameshwar Singh Sanskrit University, Darbhanga through its Registrar.
12. The National Commission for Indian system of Medicine, Jawahar Lal
    Nehru Bhartiya Chikitsa Avum Homeopathy Anusandhan Bhawan, 61-65,
    Instituttional Area, Oppsosite D Block, Janakpur, New Delhi.
13. The Chairperson, National Commission for Indian system of Medicine,
    awahar Lal Nehru Bhartiya Chikitsa Avum Homeopathy Anusandhan
    Bhawan, 61-65, Instituttional Area, Oppsosite D Block, Janakpur, New
    Delhi.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Niraj Kumar, Adv.
                                  Mr. Sanjeev Kumar, Adv.
                                  Ms. Chandni Kumari, Adv.
                                  Ms. Priya Ranjan, Adv.
                                  Mr. Mukesh Kumar, Adv.
                                  Mr. Annunay Shahi, Adv.
                                  Mr. Nitish Kumar, Adv.
     For the Respondent/s   :     Mr. Upendra Prasad Singh, AC to GP-25
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                                        Mr. Amrendra Nath Verma, Sr. Panel Counsel
                                        Mr. Rakesh Kumar Sinha, CGC
       For the Resp. No. 10-12 :        Mr. Tribhuwan Narayan, Adv.
       For the Resp. No. 3-4 :          Mr. Janardan Prasad Singh, Sr. Adv.
                                        Mr. Deepak Kumar, Adv.
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
       ORAL JUDGMENT
         Date : 12-02-2026
                   Heard Mr. Sanjeev Kumar, learned Advocate for the

         petitioner, Mr. Janardan Prasad Singh, learned Advocate for the

         respondent nos. 3 and 4 and the learned Advocate for the State.

                     2. The college through its principal has approached

         this Court seeking quashing of the letter dated 22.03.2021,

         issued under the signature of Assistant Registrar (Ayurveda),

         Central Council of Indian Medicine, New Delhi, communicated

         to the Principal, Ayurved Mahavidyalaya, Ghughari Tand, Gaya

         whereby it has been informed that the Board of Governors

         decided that college shall apply under Regulation 13 A of Indian

         Medicine Central Council Act, 1970 (in short IMCC Act, 1970)

         for starting New Ayurveda College as Ayurved Mahavidyala,

         Ghughari Tand, Gaya, Bihar is non-functional since many years.

         The aforenoted order impugned is said to be wholly arbitrary,

         illegal and without jurisdiction, besides contrary to the

         provisions of Act, 1970.

                     3. Before coming to the contention of the petitioner,

         this Court takes note of the objection/averments made in the
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         counter affidavit. The learned Senior Advocate representing the

         respondent nos. 3 and 4 submitted that the college is not

         functional for so many years, and the internship of last admitted

         batch of 2007-08 was completed in the year 2016. Therefore, it

         is proved that for around nine years, the college is not functional

         and since 2007, no fresh admission has been made by the

         petitioner college. In terms with the regulation, the hospital was

         also required to function continuously in order to get permission

         in the subsequent year. However, the attached hospital of the

         college is not functional since so many years. Hence, the college

         did not fulfill the minimum requirement, as specified in the

         concerned Act and Regulations, therefore, the erstwhile Central

         Council of Indian Medicine vide its letter dated 22.03.2021

         informed the petitioner college to apply afresh to start new

         Ayurveda College.

                     4. Referring to the National Commission for Indian

         System of Medicines Act, 2020, and the relevant regulation it is

         further submitted that since 2008-2009 onwards, the college did

         not even submit any compliance report to the erstwhile CCIM,

         as required under the concerned regulation. Hence, in

         compliance of Section 21 of the IMCC Act, 1970 which stood

         repealed w.e.f. 11.07.2021, the erstwhile CCIM vide its letter
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         dated 08.01.2016, recommended the Government of India to

         issue for permanent disapproval of the said college. The

         Ministry of Ayush, vide its letter dated 13.07.2016, also

         informed to the Principal Secretary, Health & Family Welfare

         Department, Government of Bihar that the said college was

         denied permission for last eight academic sessions since 2008-

         09 and sought comments from the State Government. Referring

         to the notification dated 01st of May, 2024 issued by the

         National Commission for Indian System of Medicines

         especially Clause 55(12), it is submitted that any institute,

         which has not been allowed to take admission of the student for

         five consecutive sessions, it shall be deemed to be closed and

         such college can apply as a fresh college in terms of Section 29

         of the National Commission for Indian System of Medicine

         Act, 2020.

                     5. On the other hand, learned Advocate for the

         petitioner submitted that on one hand, the concerned respondent

         has taken a decision and directed the college to apply, under

         regulation 13(A) of The Indian Medicine Central Council Act,

         1970, for staring new Ayurveda College and on the other hand,

         have come out with a show-cause notice dated 12.03.2024 for

         non-submission of Part-1 visitation proforma since 2019-2020.
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         In pursuant to which, the petitioner had also submitted his

         explanation on 05.04.2024, mentioning therein that the

         petitioner has never been provided the password regarding

         submission of his above said proforma, hence he could not

         submit the same. It has further been clarified that the petitioner

         college was granted recognition in the year 1983, which was

         renewed from time to time and the recognition of the college

         has never been cancelled as the petitioner college was fulfilling

         all the requisite criteria required under the Indian Medicine

         Control Central Council Act, 1970. Moreover, the new Act has

         come into force on 11.06.2021 and, as such, the same would not

         apply in the case of the petitioner.

                     6. It is further submitted that so far the recognition of

         the College of the petitioner is concerned, the same is still

         subsisting and till date, the recognition of the college has not

         been cancelled. Above all, very recently under Reference No.

         15-4/2024-25-fee, dated 20.01.2025, the National Commission

         for Indian System of Medicine issued an order directing all the

         Ayurveda        College       for      payment   of   revised   annual

         Assessment/Inspection/Visitation fee and Digitization fee,

         which was received by the petitioner college and in pursuant

         thereto, the petitioner deposited Rs. 3,06,800/- along with 18%
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         GST       through      RTGS        for    the   payment   of   Annual

         Assessment/Inspection/Visitation fee and Digitization fee for

         conducting UG Course, Academic Year, 2025-26.

                     7. Notwithstanding the aforesaid fact, an erroneous

         decision has been taken to start a new Ayurveda College that

         will cause serious prejudice to right and entitlement of all the

         employees, who have been working since long in the college.

                     8. This Court has heard the learned Senior

         Advocate/Advocates for the respective parties at length and also

         perused the materials available on record.

                     9. Before coming to the issue raised before this Court,

         it would be pertinent to note that in exercise of the powers

         conferred under Sub-Section 3 of the Section 1 of the National

         Commission for Indian System of Medicine Act, 2020 the

         Central Government notified that all provisions of the said Act

         shall come into force with effect from 11.06.2021 and further in

         pursuance of the provisions of Sub-Section 1 of Section 58 of

         National Commission for Indian System of Medicine Act, 2020,

         the Indian Medicines Central Council Act, 1970 has been

         repealed with effect from 11.06.2021. The Central Council of

         Indian Medicine constituted under Sub Section 1 of Section 3 of

         the Indian Medicine Central Council Act, 1970 has been
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         dissolved with effect from 11.06.2020. However, in terms with

         Section 59(2) it is made clear that notwithstanding the repeal of

         the Indian Medicine Central Council Act, 1970, the medical

         standards requirement and other provisions of Indian Medicine

         Central Council Act, 1970 and the rules and regulation made

         thereunder shall continue to be enforced and operate till new

         standards or requirement are specified under this Act or the

         Rules and Regulations made thereunder.

                     10. It has further been clarified that anything done or

         any action taken as regards to the medical standard and

         requirement under the enactment under repeal and the rules and

         regulations made thereunder shall be deemed to have been done

         or taken under the corresponding provisions of this Act shall

         continue in force unless and until superseded by anything.

                     11. Now coming to the facts of this case, it is not in

         dispute that the last batch of admission was made by the college

         in the year 2007-08 and the internship of the said batch was

         completed in the year 2016. Since then, the college in question

         is not functional. Nevertheless any materials have been

         produced showing that the college in question is maintaining the

         infrastructure which necessarily includes hospital, teaching

         staff, non-teaching staff, hospital staff, herbal garden, desired
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         room etc. All the more the college also did not file the

         compliance report, which they are required to file, in order to

         get permission for subsequent year as contemplated under

         Section 21 of the repealed IMCC Act, 1970. It is needless to

         observe that in terms with Section 59(2) of the Act, 2020, the

         College was supposed to maintain the standard requirement and

         other provisions of IMCC Act, 1970.

                     12. So far the contention of the writ petitioner that the

         college and its authorities have never been provided the

         password regarding submission of compliance report, the same

         has been refuted by respondent nos. 12 and 13, the National

         Commission for Indian System of Medicine by submitting that

         there is no such requirement of depositing the amount to apply

         the user id and password. Moreover, as per the concerned

         regulation, all the colleges were required to submit the

         compliance report on or before 31st of December of each year to

         get permission for the subsequent year, however, the college in

         question failed to submit any compliance report as specified in

         regulation MSR, 2016.

                     13. Considering the afore-noted facts, specifically the

         college was lacking required number of faculty member and

         hospital staff, besides lack of infrastructure, the erstwhile CCIM
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         vide its letter dated 22.03.2021 in terms with Section 29 of

         NCISM Act, 2020 and the concerned regulation therein

         informed the petitioner college to apply afresh to start a new

         Ayurveda college. It would also be pertinent to take note of the

         fact that during the pendency of the present writ petition, the

         Government of India has come out with a notification duly

         named as Indian Medical System National Commission Act,

         2024 providing minimum required standards and its Assessment

         and Rating Board for the purposes of establishing the Medical

         College and imparting of education and training of Ayurveda.

         Section 55(12) of the afore-noted Act of 2024 categorically

         stipulates that those institution which do not extend permission

         for admission of the students; or in terms with the Assessment

         and Rating Board, the Academic Sessions have not been

         functional or permission has not been extended, such institution

         shall be deemed to be closed and in such circumstances, if the

         college wants to re-open, it has to take leave for establishment

         of New Medical Institution in terms with Section 29 of the

         NCISM Act, 2020.

                     14. Undoubtedly, upgrading infrastructure, training

         and adopting value based personalized care, critical to managing

         alarming diseases increasing day to day are the need of the hour
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         and to cater such need, the Institution, which is imparting the

         medical courses, must have to adhere with the standard of

         education, including hospital, faculty, staffs, equipment,

         accommodation, training and other facilities. Any compromise

         with the minimum standard prescribed under the Act and

         regulation to be followed by a college, would be fatal and in no

         circumstances can be allowed.

                     15. Once it is admitted that almost 17 years have

         passed and no admission has been made by the petitioner

         college, which even if not admitted, but obviously strengthen

         the facts that the college and attached hospitals are non-

         functional for last so many years and the college also did not

         submit any compliance report to the erstwhile CCIM as required

         under the concerned regulation. Besides the facts aforenoted, a

         recommendation has also been made for permanent disapproval

         of the said college long back on 18.01.2016, followed by

         various reminders, this Court does not find any reason or

         occasion to give any leeway to the petitioner’s college to

         continue any further, without subjecting to improvement and

         upgrading the infrastructure and achieve atleast minimum

         standard required in terms with the new Act and the regulations

         framed in the meanwhile.
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                      16. This Court also cannot lose sight of the fact that

         earlier the organization In-charge of the Teaching and Non-

         Teaching Staff Action Committee Association, Ayurveda

         Medical College and Hospital, Gaya alongwith its Convenor

         have approached this Court in C.W.J.C. No. 19434 of 2010 and

         the Court having considered the materials has ruled as follows:-

                                                  "The institution in question is an
                                                  out and out private institution,
                                                  being run by certain private
                                                  individuals, who had set it up.
                                                  Therefore, how they want to
                                                  handle their obligation and
                                                  liability is for them to decide. No
                                                  direction is required to be issued
                                                  upon the State for their
                                                  mismanagement or their liabilities
                                                  to be shouldered by the State,
                                                  merely because there are few
                                                  official nominees appointed at the
                                                  relevant time.
                                                  Writ petition has no merit, it is
                                                  dismissed."
                     17. In view of the aforesaid circumstances and the

         position obtained in law, this Court does not find any merit in

         the present writ petition; accordingly the same stands dismissed.

                     18. However, as this Court has been informed that

         recently under reference no. 15-4/24-25-fee, dated 20.01.2025,

         the petitioner deposited Rs. 3,06,800/- alongwith 18% GST

         through RTGS for annual assessment/inspection/visitation fee

         and digitization fee for conducting UG courses, the same shall
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                      be adjusted in case the petitioner shall apply for starting of new

                      college in terms of Section 29 of the NCISM Act, 2020. It is

                      also made clear that if the petitioner college does not apply for

                      starting of new Ayurveda college, in such circumstances the

                      amount as deposited, shall be credited in the account duly

                      authorized by the Managing Committee on its request.

                                  19. There shall be no order as to cost.




                                                  (Harish Kumar, J)
supratim/-
AFR/NAFR                      NAFR
CAV DATE                      NA
Uploading Date                23.02.2026
Transmission Date             NA