CHANDOLA HOMOEOPATHIC MEDICAL COLLEGE Vs. UNION OF INDIA
LAWS(UTN)-2012-4-42
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on April 02,2012

Chandola Homoeopathic Medical College Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Learned counsel for the parties have submitted that the pleadings have already been exchanged between the parties and the writ petition may be disposed of as on today at the admission stage. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 22-7-2011 passed by respondent no. 1 whereby the Chandola Homoeopathic Medical College and Hospital, Rudrapur, Uttarakhand (petitioner no. 1) has not been granted permission to take admissions in first BHMS degree course for the academic year 2011-12 holding that per provision of Regulation 6 of Homoeopathy (Minimum Standards of Education) Regulations, 1983, the Central Government cannot allow admissions of BHMS Degree Course in this college for the academic year 2011-12.
(2.) Brief facts, giving rise to the present writ petition, according to the petitioners, are that the petitioner no. 1 is a Homeopathy Medical College Rudrapur and the petitioner no. 2 is the Principal of the said college. The petitioner no. 1 institution is recognized by Central Council for Homeopathy, New Delhi and is affiliated to Kumaon University, Nainital as well as by the Government of India. On 19-5-2011, Inspectors of respondent no. 1 (Union of India), namely, Dr. S.N.Sahu, Deputy (Homeopathy), Ministry of Health and Family Welfare, Department of AYUSH IRCS & Dr. Manoj Nisari, Joint Advisor (Ayurveda) of the said Ministry came to conduct an inspection of the petitioner no. 1-institution and in the course of inspection, they asked the principal of the said medical college to sign on various documents and even forced him to sign on certain blank piece of papers. On 3-6-2011, a show cause notice purporting to be under first proviso to subsection 4 of Section 12A and Section 19(3) of the Homoeopathy Central Council Act, 1973 (for short the Act) as well as under the provision of Regulation 6 read with Regulation 3 of Homoeopathy (MSE) Regulation, 1983, was issued by the Government of India to the petitioner No. 2 stating that why the recognition of BHMS (Homeopathy) degree be not withdrawn and why the petitioner no. 1-institution be not restrained from admitting students to the academic year 2011-12. In that notice 10-6-2011 was fixed the date for hearing before the designated Hearing Committee in the Department of AYUSH. It has been stated by the petitioner in paragraph 23 of the memo of petition that no such notice was in no. 1 on 13-6-2011 and the respondent no. 1 fixed a date for hearing on 21-6-2011 by another notice dated 13-6-2011. A copy of the same has been annexed as Annexure-10 to the petition.
(3.) By letter dated 23-6-2011 issued by the Director Homoeopathic Medical Services, Uttarakhand, Dehradun, the petitioner-institution has been restrained not to run BHMS course for the session 2011-2012 until further orders of the Government of India. A copy of the said letter/order dated 23-6-2011 has been annexed as Annexure-12 to the petition. It is also stated by the petitioners that between 11-6-2011 and 12-6-2011 as many as 25 students had already been admitted in the institute much before passing of the order dated 23-6-2011.;


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