Mrs. Sujata V. Manohar, J. - (1.) Delay condoned.
(2.) Leave granted. Appeals 16040 and 16041 of 1996 arise from a common judgment of the Division Bench of the High Court of Rajasthan at Jaipur dated 11th of October, 1996 in D. B. Civil Special Appeal (Writ) No. 15/1996 against the order dated 13-12-1995 of the Learned Single Judge in Civil Writ Petition 4882 of 1995. Civil Appeal No. 16040 of 1996 has been filed by Bhartiya Homoeopathy College, Bharatpur while Civil Appeal No. 16041 of 1996 is filed by Yuvraj Pratap Senior Memorial, Homoeopathy Medical College, Alwar. for the sake of convenience we are setting out the facts in Civil Appeal No. 16041 of 1996. Both the appeals along with appeal arising from S. L. P. (C) No. 2991/98 (CC 9141/97) and Writ Petition No. 81 of 1997 have been heard together because they raise common questions and arise from the same judgment of the Division Bench of the Rajasthan High Court.
(3.) In 1969 the Legislature of the State of Rajasthan enacted the Rajasthan Homoeopathic Medicine Act, 1969 (Act 1 of 1970). Section 3 of the Act provides for the establishment of the Rajasthan Board of Homeopathic Medicine. Section 40(1) of the said Act prescribes that the said Board shall have the power to recognise Homoeopathic educational or instructional institutions for the purpose of affiliation. Section 40(iii) empowers the said Board to hold examinations and to grant degrees/diplomas to persons who shall have pursued a course of study in an educational institution affiliated to the Board. Accordingly the Rajasthan Board of Homoeopathic Medicine was set up under the said Act. It conducted examinations for the grant of B. H. M. S. Degree as well as examinations for a Diploma in Homoeopathy. The two appellant colleges at Alwar and Bharatpur were, at the material time, affiliated to the Rajasthan Board of Homoeopathic Medicine. Their students appeared for the B. H. M. S. examination conducted by the Rajasthan Board of Homoeopathic Medicine until about 1994.;