KHARAGPUR HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL Vs. UNION OF INDIA
LAWS(CAL)-2019-9-189
HIGH COURT OF CALCUTTA
Decided on September 06,2019

Kharagpur Homeopathic Medical College And Hospital Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Tapabrata Chakraborty, J. - (1.) The present writ petition has been preferred challenging inter alia an order dated 4th July, 2019 passed by the respondent no. 3.
(2.) Mr. Bhattacharya, learned senior advocate appearing for the petitioners, submits that Kharagpur Homeopathic Medical College & Hospital (in short, the said college) was granted permission by the Central Council of Homoeopathy (CCH) to conduct Bachelor of Homeopathic Medicine and Surgery (in short, BHMS) course with effect from the academic session 1998-1999. Every year such permission was renewed and the college was allowed to conduct the said course. Surprisingly, in respect of the academic session 2019-20 permission to admit students in BHMS course was denied by the memo dated 4th July, 2019 issued by the Under Secretary to the Government of India, Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (in short, AYUSH). Prior thereto, by a memo dated 30th May, 2019 the petitioners were asked to show cause, to which the petitioners submitted a reply on 6th June, 2019 along with all relevant documents.
(3.) According to Mr. Bhattacharya, the impugned order is a cryptic one and the said college had been denied permission only on the basis of an observation that "the functionality of IPD is doubtful". From the overall observations of the Hearing Committee, it would be evident that the deficiencies are trivial in nature and the same can be immediately cured. The impugned order was issued on 4th July, 2019 and the schedule for pre-counselling and counselling of 2019 had also been published on 4th July, 2019.;


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