HAHNEMANN HOMOEOPATHIC MEDICAL TRUST Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) The petitioner trust is running a Homoeopathy College by name Venkateswara Homoeopathic Medical College & Hospital since 2000. On 03.10.2002, the Central Council of Homoeopathy (CCH) granted permission to the petitioner college to increase its intake from 50 to 100 from the academic year 2002-2003 onwards.

(3.) Subsequently, the Homoeopathy Central Council Act, 1973, was amended, Chapter II-A was inserted which envisages, no person shall establish a Homoeopathic Medical College except with prior permission of the Central Government. This amendment came into effect from 28.01.2003. The Central Government through its Ministry of Health and Family Welfare, Department of AYUSH by its letter dated 23.12.2004 clarified that the colleges granted permission by CCH on onward basis prior to the amendment do no need further permission from the Government of India at this stage. The status of existing college was further clarified by the Central Government vide its letter dated 12.07.2005 as permission once granted by CCH or the Central Government for BHMS Degree Course on onward basis may have to continue as per provisions of HCC Act, 1973, till the same is withdrawn as per the provisions, if any, of the Act.