PARUL UNIVERSITY Vs. UNION OF INDIA & 1

JUDGEMENT

(1.) All the captioned petitions which involve similar facts and common issue, were considered for admission as well as for interim relief, by hearing at length learned senior counsel Mr.Dhaval Dave with learned advocate Mr.Udayan Vyas for the petitioners, learned advocate Mr.Nikunt Raval for the first respondent-Union of India, Ministry of AYUSH and learned advocate Mr.Harsh Parekh for the Central Council of Homeopathy-the second respondent.

(2.) Each of the petitioner/petitioner college has been running the Homeopathy Course to impart the education in that discipline leading to the Graduate or Post Graduate, as the case may be, Degree of BHMS. Their common grievance is that the approval to the extension of course is denied by the first respondent, on the alleged ground that the college is noncompliant with the requisite norms and standards, even though the second respondent-Homeopathy Council after inspection has opined favourably that there is a fulfillment of norms.

(3.) Taking out the relevant facts from the first Special Civil Application No.17011 of 2016, the petitioner runs Homeopathy College in the name of Jawaharlal Nehru Homeopathy Medical College which was established in the year 2002-03. It has intake capacity of 100 seats. The new Regulations called Homeopathy Central Council (Minimum Standards Requirement of Homeopathy Colleges and attached Hospital) Regulations, 2013 came into force with effect from 08th March, 2013, replacing the previously prevalent Homeopathy Regulations, 1983. The Regulations of 2013 prescribed fresh norms and standards to be observed by the colleges imparting the homeopathy education. In the wake of coming into force of the new Regulations, the Central Council of Homeopathy carried out inspection to all the colleges from 15th May, 2013 onwards.