Rajendra Babu, J. - (1.) The appellant-College before us was granted recognition/affiliation to give training in or imparting courses in homeopathic system of medicine leading to grant of diploma, graded degree and degree by a notification issued by the Bihar University on 19-6-1985. Pursuant to this notification on 16-8-1985 the appellant-College deposited a sum of Rs. 50,000/- only with the Bihar University towards Reserve Fund of the College. A communication was also sent by the Bihar University to the Secretary, Central Council of Homoeopathy, New Delhi ( for short 'the Council') to recognise the BHMS, that is, Direct Degree Course and BHMS, that is, Graded Degree Course of the Bihar University and to enter the same in the IInd Schedule to the Homoeopathy Central Council Act, 1973 so that the degree obtained from the Bihar University is valid throughout the country which was acceded to by the Council on 6-2-1986.
(2.) A batch of cases was filed before the High Court in C.W.J.C. 4343 of 1993 and 4169 of 1993. The appellant-College, it appears, was impleaded as respondent in those proceedings but no notice was served upon them. However, while disposing of these writ petitions on 18-11-1993 the High Court observed that "since 1973 no institution can claim to have either been affiliated or granted recognition by the University in the Faculty of Homoeopathy either under the University Act or the State Board Act.........It is not in dispute that the State Government has not granted any permission to any institution so far permitting those to undertake imparting of any course of study in Homoeopathy or to admit students to any such course.......By no stretch of imagination, it can be said that on the date of enforcement of the State Regulation Act, any institution was having any order of affiliation or recognition with the respondent - Bihar University in its favour in exercise of any of the statutory provisions," The High Court directed the State Government, the University and the Council should finally dispose of the matter relating to grant of affiliation to Homoeopathy Institutions, which claim to be pre-existing within a time frame fixed by it. Pursuant to which an order was made by the respondent-University stating that the University has a legal difficulty to publish the results or issue any certificate or mark-sheet against the aforesaid directions of the High Court of Patna.
(3.) Special Leave Petitions were filed before this Court in Special Leave Petition Nos. 6571 of 1994 and 7389 of 1994. This Court by an order made on 18-4-1994 disposed of the matter as follows: "In these matters the question urged by counsel was that the High Court committed a factual error in assuming that the College was not affiliated to any University nor had it received the permission of the State Government and, therefore, the petitioners were not entitled to any relief. An attempt was made by counsel to show that the factual position was just otherwise, In exercise of jurisdiction under Article 136 of the Constitution, this Court is loathe to go into disputed questions of fact. If the High Court has based its judgment on an erroneous premises the proper course is to have that corrected by way of Review Petition. We would, therefore, permit the petitioners to move a Review Petition within 15 days from today and if that is done the High Court will, without raising the question of limitation, determine and decide the Review Petition on merits. In so far as the request of the 3rd party Dr. Arjune Pandey is concerned, it would be open to him to move the High Court when the Review Petition is filed. The High Court would decide whether or not to entertain his plea. So far as Mazaffarpur Homeopathic Medical College and Hospital is concerned, it may also follow the same procedure and move the High Court for permission to seek review of the order. All these petitions will stand disposed of accordingly. I. A. Nos. 1 and 2 will stand so disposed of." ;