Gitesh Ranjan Bhattacharjee, J. - (1.) Heard learned Advocate for the petitioners. None appears for the respondents.
(2.) Petitioner No. 1, The Central Council of Bio-chemic and Complex Homoeo Medicine with Research in India, is an institution which imparts education in bio-chemic science and also confers diplomas such as D.M.B , D.M.B.S. and B.M.B.S. The said institute applied to the Central Council of Homoeopathy for recognition of the institution as well as the diplomas offered by the institution. That was, however turned down by a letter addressed by the Desk Officer (Homoeo), Ministry of Health & Family Welfare to the petitioner dated 13th February, 1991 which is Annexure 'W' to the writ petition. The said communication is a very cryptic one. It is stated therein that as the so-called D.M.B., D.M.B.S. & B.M.B.S. qualifications do not pertain to Homoeopathy the question of inclusion of the same under the Homoeopathy Central Council Act, 1973, did not arise. It appears that the petitioners' application was not properly considered and their request for recognition was rejected only on the ground that the qualifications described by certain abbreviations do not pertain to Homoeo a thy. The matter should not have been disposed of so cryptically. There should have been application of mind all the relevant aspect of the matter including the precise course of. studies imparted by the petitioner and the subjects taught there and other relevant factors. The said Memo issued by the Desk Officer (Homoeo) is cryptic to the point of disposing of the matter in a very arbitrary manner, which cannot be sustained. What is more unfortunate is that none appears on behalf of the respondents to throw light in support of the said Memo. In the circumstances the said communication being Dy. No. 116/91-Homoeo dated 13th February, 1991 issued by the Desk Officer (Homoeo) which is Annexure 'W' to the writ application is hereby quashed. The appropriate authority is directed to consider the matter of recognition of the petitioner/institution and the diploma awarded by it, in accordance with law, after giving an opportunity of hearing to the petitioners. The appropriate authority will be at liberty to call for necessary particulars from the petitioner, if required and shall also be at liberty to cause inspection or enquiry to be made by such authority or agencies, as may be considered fit and proper, if necessary, before passing any final order in the matter. The matter shall he disposed of by the appropriate authority by passing a speaking and reasoned order within six months from the date of communication of this order. The writ application and the Rule issued stand disposed without any order as to costs. On usual undertaking, let a xerox copy of the order be supplied to the learned Advocate for the petitioners.;