- (1.) This writ petition has been filed under Section 226 of the Constitution of India by State Homeopathic Medicine Board (hereinafter referred to as Board) through its Chairman Sri Amanatullah seeking direction in the nature of certiorari for quashment of order dated 28.7.2014 passed by State Government directing the Board to hold examination of 2-year Diploma Course in Homeopathic Pharmacy in the light of direction issued in the matter of Institute of Para-medical Lucknow.
(2.) I have heard Sri D.K.Singh, learned counsel for petitioners, Dr. L.P.Misra for private respondent no.3 Institute of Para-medical, Lucknow and Sri Sameer Kalia, Additional Chief Standing Counsel for State.
(3.) Briefly stated petitioners' case is that admission of 2-year diploma course in Homeopathic Pharmacy Course (DHP) is held after inviting applications by a wide publication. Selection is to be made strictly on the basis of merit for which written examination is held by the Board. Selected candidates are sent to the Institute to report to the Head of the Institutions as per direction of the Board. Selected candidates found medically fit are admitted to the concerned institution and they have to enroll themselves with the Board on depositing the form and fee etc. prescribed by the Board. Minimum qualification for admission to the DHP Course was modified as Intermediate in place of High School. A resolution was passed by Board on 15.6.2011 giving permission to the two recognized institutions, namely, Acharya Chanayak Mahavidyalaya, Semri, Sultanpur and Ram Adhar Gramin Mahavidyalya, Tanda, Ambedkar Nagar to take admission in DHP Course on their own by means of Entrance Test by the month of July and August, 2011. Resolution of the Board was sent to State Government but no approval was forthcoming. Matter was also taken by a Division Bench in Writ Petition No. 1320 of 2011 (S/B) in which the Court held that admissions to the course can be made only by following the Regulations. Petitioner's further case is that Regulations do not permit any college either aided or unaided to take admission on their own. Respondent Institute was given permission to run 2-year DHP Course with intake of hundred students. Registrar of the Board requested the State Government on 5.1.2012 to approve the resolution dated 15.6.2011 whereby Joint Entrance Test for two Institutes was proposed. State Government on 19th September, 2011 informed the Board that despite resolution dated 15.6.2011, non-government college of Sultanpur and Ambedkar Nagar cannot be permitted to take admission on their own.;