CHAIRMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the first respondent, stopping the admission to the BHMS course with 50 seats for the academic year 2016-2017.

(2.) According to the petitioner, they are running a Homeopathic Medical College namely, White Memorial Homeo Medical College, which was established in the year 1978, having a annual intake of 50 students, as per the permission granted by the Central Council of Homeopathy. Thereafter, the annual intake has been increased from 50 students to 100 students from the academic year 2002 to 2003. After getting permission for increasing of annual intake, the petitioner approached the fourth respondent university for grant of affiliation. Even though, the 4th respondent initially refused to grant permission, after several proceedings, the fourth respondent granted affiliation for increased the annual intake of 100 students, by order dated 31.08.2012. Thereafter, by another order dated 22.10.2012, the fourth respondent withdrawn the affiliation for the increased annual intake of 50 students, based on a direction issued by the first respondent on 23.09.2005.

(3.) The petitioner challenged both the orders of the first respondent dated 23.09.2005 and the fourth respondent dated 22.10.2010, in a W.P.(MD)No.14760 of 2012, and this Court by an order dated 19.09.2013 allowed the writ petition and set aside the order passed by the first and the fourth respondents. A writ appeal filed by the first respondent in W.A.(MD)No.1282 of 2016 was also dismissed. Hence the petitioner is entitled to a annual intake of 100 students.