UNION OF INDIA Vs. CHANDOLA HOMEOPATHIC MEDICAL COLLEGE
LAWS(UTN)-2012-7-84
HIGH COURT OF UTTARAKHAND
Decided on July 23,2012

UNION OF INDIA Appellant
VERSUS
Chandola Homeopathic Medical College Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) MR . U.K. Uniyal, present Advocate General of the State, appeared on behalf of the respondent college before the writ court. He wanted to appear on behalf of respondent college before us and, accordingly, sought some time to obtain permission from the Government to appear on behalf of the respondent college. Having had heard learned counsel for the appellants, we felt that there is no scope of keeping this matter pending and, accordingly, we have decided the matter.
(2.) ON a writ petition, the Central Government was directed to do the needful pertaining to respondent college. The Central Government, accordingly, constituted an inspection team. The inspection team highlighted certain deficiencies on the part of respondent college. Those were duly brought to the notice of the Central Council by the Central Government. According to Central Government, the Central Council is still sitting over the matter. The Central Government, accordingly, by the impugned order restrained the respondent college from giving any new admission to it. The order, thus passed, was the subject matter of dispute in the writ petition, which has been allowed by the judgment and order under appeal. The Central Council appeared before the learned Single Judge, who dealt with the writ petition. The Central Council stated that it has not made any recommendation against the college in question. The Central Government purported to hold out that what it has done is permissible under Section 19(4) of the Act. Section 19(4) of the Act is as follows: "The Central Government after making such further inquiry, if any, as it may think fit, may, by notification in the official Gazette, direct that an entry shall be made in the Second Schedule against the said medical qualification declaring that it shall be a recognized medical qualification only when granted before a specified date or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be recognized medical qualification only when granted before a specified date or as the case may be, that the said medical qualification shall be recognized medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date."
(3.) SECTION 19(4), as would be evidenced from the same as quoted above, did not authorize the Central Government to do what the Central Government did in the instant case. Learned Single Judge, who dealt with the writ petition, also felt so. We have not been persuaded in this appeal to take a contrary view. We have been unable to read into Section 19(4) of the Act a power given to the Central Government by the Legislature authorizing the Central Government to prevent the college from taking admissions in any academic session. We, accordingly, dismiss the appeal.;


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