- (1.) BOTH these writ petitions have been filed by the students who were admitted in the Homeopathy Medical College (respondent No. 6), at Dugaphata, Taluka Bhiwandi, District Thane, run by Jan Seva Mandal, a public charitable trust (respondent No. 5 ).
(2.) THE Jan Seva Mandal, intended to start a Homeopathy Medical College at Dugaphata, Taluka Bhiwandi, District Thane, hence made an application to the concerned authorities for according permission. Respondent No. 3, the Central Council of Homeopathy (hereinafter referred to as C. C. H. for the sake of brevity), which is the competent authority, decided to accord such permission, vide letter dated September 7, 1994, on certain conditions. For proper appreciation of the issues involved in the present proceedings, it would be apposite to reproduce the said letter in verbatim, so as to high light the conditions on which the decision to grant permission in favour of the respondent Nos. 5 and 6 to start the Homeopathy Medical College was granted, which reads thus : with reference to your letter No. MED-193/cr 187/93/edu/med 4-A dated 28-4-1993 on the subject cited above, I am directed to say that the above mentioned college was inspected by the Central Council on 18-6-1994 and the report of inspection has been considered by the Executive Committee of the Central Council in its meeting held on 5-8-1994 and it decided to grant permission to Similar Similibus Curentur Janseva Mandals Homeopathic Medical College, Dugadphata, Tal. Bhiwandi 421 302 Dist. Thane to start B. H. M. S. Direct Degree Course for two years from the date the concerned University grants affiliation to it subject to the conditions namely :--- a) the admission in I M. H. M. S. shall be restricted to 50 students only b) admission to I B. H. M. S. shall be made only after getting affiliation from the university; and c) the college shall make up the insufficiencies as pointed out by Central Council and shall provide the minimum requirements, norms and standards in terms of accommodation, equipment, teaching as well as hospital staff and attached training hospital as per Homeopathy (Minimum Standards of Education) Regulations, 1983. It is therefore, requested that the State Government may ensure that the college fulfils the above conditions and the extent to which the college has made the progress may please be informed to this Council within three months from receipt of this letter. The insufficiencies observed during inspection and being intimated separately. Matter regarding further recognition of the college will be considered by this Council after receipt of a fresh request from the college through State Government or the University. "
(3.) IT is not in dispute that, although C. C. H. decided to accord permission to start the college of Homeopathy Medical College as aforesaid, however, Jan Seva Mandal did not start the college for the academic year 1995-96. The college was in fact started in the academic year 1996-97, in which year about 31 students were admitted. The above said permission granted by C. C. H. was only for the academic years 1995-96 and 1996-97. Admittedly, no further permission was granted either by C. C. H. or by Mumbai University or the State Government to run the Homeopathy college. In the circumstances, Jan Seva Mandal had no option but to close the Homeopathy Medical College from the academic year 1997-98, however, filed writ petition before this Court bearing Writ Petition No. 3473 of 1997. The order passed by this Court on 13-1-1998 in the said Writ Petition No. 3473 of 1997 is reproduced thus : CORAM: ASHOK AGARWAL and S. D. GUNDEWAR, JJ. Under in terms of the Minutes of the Order signed by Advocates and initialled by us by way of identification. The petition is disposed of. No order as to costs. MINUTES OF ORDER 1. Rule. Rule made returnable forthwith. Respondents waive service. 2. The petitioners shall within a period of eight weeks from today take steps to meet all the deficiencies which have been pointed out by the respondent No. 4 in his letter dated 5th August, 1997. 3. The respondent No. 4 shall therefore, be at liberty to depute its representative to the petitioner No. 2 College for verifying compliance in this regard. 4. The first respondent shall at the present stage grant only provisional admissions to the students desirous of pursuing their studies in petitioner No. 2 College for First Year B. H. M. S. Degree Course. Students shall be specifically informed while granting provisional submission about the present orders passed by the High Court and that their admissions shall be subject to the petitioner No. 2 College rectifying the deficiencies pointed out by the respondent No. 1. 5. Liberty to apply. 6. Writ Petition stands disposed of in the aforestated terms with no orders as to costs. 7. Issuance of certified copy is expedited. ";