JAWAHAR LAL GUPTA, J. - (1.) The petitioners have qualified the D.H.M.S. examination conducted by the Council of Homoeopathic System of Medicine, Punjab, during the period from 1987 to 1996. They complain that the Central Council of Homoeopathy is arbitrarily refusing to recognise their qualification. As a result, they are suffering a heavy,recurring and irreparable loss. The petitioners allege that the action of respondent No. 2-Central Counsil of Homoeopathy is arbitrary, unfair and illegal. They pray that a writ in the nature of Mandamus be issued directing the second respondent to treat the Diploma awarded to them as a recognised qualification so as to entitle them to practise homoeopathy.
(2.) The Union of India (Ministry of Health and Family Welfare) as also the Council of Homoeopathic System of Medicine, Punjab, support the claim of the petitioners. A written statement has been filed on behalf of the Government of India in which it has been categorically averred that "the DHMS qualification awarded by the Council of Homoeopathic system of Medicine, Punjab, is a recognised Medical qualification and has been included in the IInd schedule to the Homoeopathy Central Council Act 1973." It has been further averred that even the Central Council of Homoeopathy made a recommendation for inclusion of the DHMS qualification awarded by the respondent No. 3, w.e.f. 1988 onwards by its letter dated 11-9-1998. Since the respondent No. 3 has switched over to the DHMS curriculum prescribed by the Central Council w.e.f. 1984 onwards, the answering respondent considered the recommendation of the respondent No. 2 and decided that since the qualification of DHMS awarded by the respondent No. 3 is included in the Schedule II of the Central Act, there is no need for putting a fresh entry in the schedule and the decision was conveyed to the respondent No. 3."
(3.) Despite the categorical averment on behalf of respondent No. 1 and a communication having been sent, to it, the Central Council insists on contesting the claim of the petitioners. A written statement has been filed along with which 32 documents have been produced. However, the case in a nutshell as pleaded on behalf of the Central Council is in the following words :-"By virtue of item No. 30 in Second Schedule the Diploma in Homoeopathy Medicine and Surgery conducted under the Punjab Homoeopathic Practitioners Act, 1965 read with Regulations 1974 stand definitely recognised and it is a recognised medical qualification in terms of S. 2 (g) of the Homoeopathy Central Council Act, 1973. However, the Diploma Course conducted by the Council of Homoeopathic System of Medicine, Punjab, from the year 1983-84 onwards in respect of freshly admitted students which is strictly under the Central Council of Homoeopathy (Diploma Course) D.H.M.S. Regulations 1983 read with Homoeopathy (Minimum Standards of Education) Regulations, 1983 has not yet been included in the Second Schedule by the Govt. of India. The said qualification is thus not a recognised qualification till it is included in the Second Schedule. The Govt. of India has already issued notification with regard to various institutions which are conducting Diploma Course under the 1983 Regulations. Some of the notifications have already been attached as Annexures R-3/1A, R-3/1B and R-3/1C. Till the notification like that of R-3/1A, R-3/1B and R-3/1C is issued by the Govt. of India in respect of council of Homoeopathic System of Medicine, Punjab, under Central Council Regulations 1983, cannot be said to be recognised qualification in terms of S. 2(g) of Central Act, 1973. The Writ Petition against Central Council is thus not maintainable. That right from the year 1983-84 onwards the Council of Homoeopathic System of Medicine, Punjab, as well as the answering respondents are doing their level best for inclusion of Diploma Course under the Central Council of Homoeopathy Regulations 1983 in Second Schedule as has been done in the case of Gujarat, Assam, Maharashtra and Rajasthan. However, till date the Govt. of India has not issued any notification including the Diploma Course under 1983 Regulations in Second Schedule.";