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Judgment
Ashok S.Kinagi, J
This writ petition is filed seeking for a mandamus directing respondent No.2 to consider the appeal and pass appropriate order in accordance with law.
Brief facts leading rise to filing of the petition are as under:
The petitioner - Institution is established and run by Sri. Balaji Education Trust with an intention of helping the society at large had established in Ayurveda college called as Ramakrishna Ayurvedic Medical College, Hospital and Research Centre at Bengaluru, with the permission granted by the State Government on the recommendation of Rajiv Gandhi University of Health Sciences. Since 1999, the petitioner - Institution imparting education in Bachelor of Ayurvedic Medicine and Surgery (BAMS) degree courses and also has upgraded as PG centre since 2015. The petitioner- Institution has completed more than 24 years of academic life by possessing uninterrupted permission from the respondent No.3. The respondent No.2 conducted an inspection and issued denial of conditional permission with intake permission of 60 students for UG course (BAMS) course and 25 seats in 5 PG courses for the academic year 2023-24.
The respondent No.2 issued a corrigendum on 05.10.2023. The petitioner aggrieved by the order passed by respondent No.3, preferred an appeal before the respondent No.2. The appeal is pending for consideration before the respondent No.2. Hence, the petitioner aggrieved by the inaction on the part of respondent No.2 is not hearing the appeal has filed this writ petition seeking for mandamus directing the respondent No.2 to dispose of the appeal.
Learned Senior counsel submits that last date for admitting the students is on 30.11.2023. He submits that the direction be issued to the respondent No.2 to dispose of the appeal within the time limit. Hence, prayed to allow the writ petition.
Learned counsel appearing for the respondent No.2 submits that if reasonable time is granted to the respondent No.2, the respondent No.2 will hear the petitioner and pass an appropriate order in the appeal preferred by the petitioner.
Submission is placed on record.
In view of the same, considering the urgency made out by the petitioner, the writ petition is disposed of directing respondent No.2 to hear the appeal after providing an opportunity of hearing to the petitioner today and pass an order on the appeal on 30.11.2023 before 12.00 noon and same be communicated to the petitioner immediately. The petitioner is directed to appear before the appellate authority today.
This Court has not made any adjudication on merits in issue. All the contentions of the petitioner is kept open.
