S.N.Bhargava, J. - (1.) As per the facts mentioned in the memo of writ petition, Bhartiya Bal Mandir Samiti is a registered society registered under the Rajasthan Societies Registration Act. 1958 and is running Bhartiya Homoeopathic Medical College, Iiharapur whose Principal is Dr. U.S. Jurel (petitioner No. 2), whereas petitioner No. 3 Shri Tanej Rajwanshi is the President of Students' Union of the said College. The College was established in the year 1972 and started a Four Years' Diploma Course in Homoeopathic Medicine & Surgery. At that time, there was no body or Board or University in the State of Raj. to conduct these examinations. Though Rajasthan Homoeopathic Medicine Board(in short 'Rajasthan Board') had come into existence in the year 1971, under the Rajasthan Homoeopathic Medicine Act, 1969 but the Rajasthan Board used to deal with only registration of the Homoeopathy practitioners, therefore, the College applied for affiliation to the Board of Homoeopathic Medicine, U.P. and was granted affiliation in the year 1972 itself. This continued till 1977. Rajasthan Board started giving affiliation and recognition for education and examination. The College also applied for the same and was given provisional recognition by the Rajasthan Board for the session 1976-77 for the conduct of education and examination of D.H.M.S in the year 1977 (vide Annexure-4). The said recognition and affiliation was extended, from time to time, up to 1983 with certain terms and conditions. In the years 1984, the College was also recognised by the Rajasthan Board for affiliation for the education and examination of B H M.S. (Degree Course) & 18 months' course after passing D.H.M.S. This graded degree course of B.H.M.S. was duly prescribed by the Central Council of Homoeopathy constituted under the Homoeopathy Central Council Act, 1973. This recognition was further renewed from time t.) time and extended for the sessions 1984-85, and 1985-86. In the year 1986, the Rajasthan Board started giving recognition for affiliation for conduct of education and examination in regular degree course B.H.M.S. (direct degree course of 51/2 years) as prescribed by the Central Council. Tine College also applied and received recognition for affiliation in the year 1985 for regular B.H.M.S. course vide letter dated 20-8-1986 (Anx. 12). Since the Rajasthan Board stopped recognition and affiliation for D.H.M.S. in the year 1986, no extension for recognition for D.H.M.S. was required thereafter. The College was given extension for graded degree course in B.H.M.S. for the sessions 1986-87 & 1987-88, with the direction to get affiliation from the University of Rajasthan for the session 1988-89 and onwards. The College was also given extension or recognition for B.H.M.S. direct degree course so also B.H.M.S. graded degree course up to session 1988-89 by Rajasthan Board which was further extended for the session 1989-90 (Anx. 15). University of Rajasthan also started conducting examination for the course of B.H.M.S. (direct degree course of 5 years) under the Faculty of Ayurveda and started giving recognition for affiliation for the purpose of education and examination to colleges which were imparting education in Homoeopathy for B.H.M,S. Course. The petitioner also applied to the University on 30-12-1986, fulfilling all the requirements which were acknowledged by the University vide its letter dated 30th July, 1987. The University constituted a Committee on 30th July, '87 for inspection, headed by Dr. D.L. Chhangani but inspection could not be made an.J thereafter the Committee was reconstituted on 21-3-1988, 25-4-1988, 21-5-1988, 30-9-1988 and 18-11-1988 and ultimately, the inspection was fixed for 24-12-88 but inspection was not done on that day and the Committee was re-constituted on 27-41989. Dr. N.B. Singh who was added as a Member of the Inspection Committee vide order dated 27-4-89 wrote a personal letter to the Principal of the College for giving admission to son of his close relative in First Year of B.H.M.S. A telephonic message was also sent to the President of the College. Since admission could not be given to that candidate, Dr. N.B. Singh got biased and prejudiced against the College and the Board and therefore the Principal of the College requested the University vide letter dated 26.6.1989 not to have inspection by a Committee of which Dr. N.B. Singh was a member and also because he was a close friend of Dr. Girendra Pal, a Member of the Syndicate of the University of Rajasthan and who was instrumental in delaying the matter of recognition of the college as he himself was running an educational institution in Homoeopathy at Jaipur. In spite of the aforesaid request, the Committee included Dr. N.B. Singh as a Member Expert in Homoeopathy. The Principal tried to talk the Registrar on phone when he came to know that Dr. N.B. Singh is also a member of the Committee but since the Registrar was on leave, nothing could be done. The Principal, after the inspection requested the University vide his letter dated 31.8.1989 not to consider the report of the said Committee of inspection as the only Expert Member Dr. N.B. Singh was biased and prejudiced against the College and therefore, a fresh inspection should be made, if at all necessary, with the Members of the Syndicate. Dr. Jugal Kishore Sharma of the Central Council of Homoeopathy had also written a D.O. letter to the Secretary to Government, Medical and Health, Government of Rajasthan regarding affiliation of colleges in Homoeopathy by the University. The said College is an aided institution receiving financial aid by the Central Government. The college received grant in aid of Rs. 1.60 lacs for development of library after due inspection by an Expert Committee of the Government of India. The petitioners have enclosed with the writ petition a copy of the balance-sheet as also list of equipments and articles in different departments of the college and hospital and a chart of out-door and indoor patients as well as details of building of college and hospital (vide-Anx. 33 to 48) and has asserted that it had adequate facilities in all respects and its financial status is sound.
(2.) Another inspection of the College was held on 10-1-1986 by four members nominated by the Rajasthan Board which recommended for provisional permission to the College for conducting direct degree course in B. H. M. S. and accordingly the College was given recognition for affiliation for conducting direct degree course of B. H. M. S. which was extended from time to time and the college was further asked to take immediate steps for affiliation to the University for conducting direct degree course of B. H. M. S.
(3.) In the writ petition, it has also been asserted that Madan Pratap Khunteta, Rajasthan Homoeopath Medical College, Jaipur, of which Dr. Girendra Pal (respondent No. 2) is Principal, who is a very influential person, has obtained affiliation from the University for the year 1986-87. This College was also affiliated with U. P. Board and thereafter with Rajasthan Board like the petitioner's college. According to the inspection report dated 14-1-1986, there were several deficiencies pointed out as per Annexure-51, which also showed that his financial status is also not very sound. The staff is not regularly paid. It was recommended as under "Here we feel that provisional affiliation for B. H. M. S. (1st Examination) may be waived for conducting direct degree course only subject to fulfil the minimum requirement for maintaining proper standard of education, regulation of C. C. H. with a sanction of Government Grant." Affiliation granted to the College at Jaipur has been extended for the First Year Examination, 1987, Second Year examination, 1988, third year examination 1989 and final examination 1990, of course subject to the fulfilment of the conditions mentioned overleaf, within four years. Jaipur College is the only homoeopathic college in the State of Rajasthan affiliated with the University for B. H. M. S. for direct degree course and therefore, the Principal, Dr. Girendra Pal is interested in seeing that affiliation is not granted to any other college in Rajasthan. The petitioners have also reproduced in the writ petition observations of the Medical and Health Minister, Government of Rajasthan, after due enquiry about the complaints made against the petitioner College which are in favour of the petitioner College and against the Jaipur College and its Principal Dr. Girendra Pal. On the recommendations of Dr. P. L. Verma, University directed the petitioner to make up the deficiency pointed out by him and in pursuance thereof the petitioner College removed the deficiencies and reported to the University vide letter dated 23-1-1988. Under the Act of 1973 and Medical Council Act, 1973 it is incumbent that a person cannot practise in Homoeopathy unless be obtains a Degree of B. H. M. S. affiliated by a University and therefore, it has become necessary to obtain affiliation from the University of Rajasthan otherwise, without recognition, the students will not be entitled to practise and since the University is not granting recognition in spite of the fact that the College has fulfilled all the conditions and removed all the deficiencies pointed out. Having failed in all its efforts, the present writ petition has been filed on 18-12-1989 praying for a direction to the University to give recognition for the purpose of affiliation for conduct of examination of B. H. M S. direct degree course in Homoeopathy to the petitioner College in pursuance of application dated 30-12-1986. The writ petition was admitted on i-12-1989 and it was ordered that provisional recognition be given to the petitioner college for B H. M. S. direct degree course but that order was not complied with and an application u/Article 226 (3) of the Constitution of India was filed for vacating the stay order. S B. Civil Contempt Petition No. 64/90 was also filed. N3tices were issued. Reply to the contempt petition has also been filed. Dr. Girendra Pal was impleaded as a party to the with petition by order dated 25-7-1990. Separate replies have been filed on behalf of the non petitioners.;