C D PACHCHIGAR COLLEGE OF HOMEOPATHIC MEDICINE Vs. CHAIRMAN CENTRALISED ADMISSION COMMITTEE FOR PROFESSIONAL

JUDGEMENT

(1.) AS common question of law and facts are involved in all these petitions they were all taken up for final hearing together and are being disposed of by this common judgment and order.

(2.) IN all these petitions the relief prayed for by each of the colleges is identical. The petitioners have prayed for a writ, order or direction in the nature of mandamus holding action of respondent No.1 of not allotting students to the respective petitioner college under Centralized Admission System pursuant to the recognition granted by the competent authority (i.e. Central Council of Homeopathy), AYUSH in 2004 and the affiliation granted by the Veer Narmad South Gujarat University to run Homeopathy Degree Course in the respective petitioner colleges as arbitrary, illegal and violative of Article 14 of the Constitution of INdia.

(3.) IT appears that controversy is in a very narrow compass. IT appears that respondent No.5 informed Secretary, Central Council of Homeopathy sometime in March, 2011 by a letter for proper implementation of provisions of Homeopathy (Minimum Standards of Education) Regulations, 1983. Relying upon this particular letter, respondent No.1 i.e. the Admission Committee for Professional Medical Educational Courses has taken a stand that the colleges that are listed in Annexures II and III require grant of permission from department of Ayush for current academic year and till necessary permission is not obtained from Ayush, student would not be allotted to the respective colleges. An affidavit-in-reply has been filed by respondent No.1 wherein the following stand has been taken.