KALYAN DUTTA GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition has been preferred against the direction issued by the Director of Medical Education, Assam whereby the examinations of the Homeopathic Medical Colleges of Assam for file session 1993-95 was declared with effect from 30-10-1995.

(2.) The writ petitioners are closely associated with all the three Homeopathic Medical Colleges in Assam. Petitioner No. 1 is an Ex Assistant Secretary General of Homeopathic Association of India and Ex Member of the Court of Examiners under the Board of Homeopathic System of Assam.Petitioner No. 2 is the General Sercretary of Swahid Jadav Nath Govt. Homoeopathic Medical College, Khanapara, petitioner No. 3 is the Advisor of All Assam Homoeopathic Medical College Students Union, petitioner No. 4 is the President of Swahid Jadav Nath Govt. Homoeopathic Medical College, petitioner No. 5 is a student of the said college, petitioner No. 6 is the General Secretary of All Assam Homeopathic Medical College Students . Union and petitioner No. 7 is an Ex General Secretary of All Assam Homoeopathic Medical College Students Union.

(3.) Respondent No. 1 is in the overall charge of the Homoeopathic Medical Colleges; respondent Nos. 2 and 4 are responsible for upgradation and improvement of homoeopathic system. The proforma respondent No. 5 is the controlling authority over the Central Council of Homoeopathy; proforma respondent No. 6 is the recognising authority to the Homoeopathic Colleges. There are three Homoeopathic Medical Colleges in Assam, namely, Swahid Jadav Nath Homoeopathic Medical College 'Hospital, Guwahati; Assam Homoeopathic College ' Hospital, Nagaon and Dr. JK Saikia Homoeopathic Medical College and Hopital, Jorhat respectively. It is relevant to mention that Pragjyotishpur Homoeopathic Medical College which was established in 1976 and Guwahati Homoeopathic Medical College which was established in 1975 were amalga- mated into one college in 1989 and the same was named as Swahid Jadav Nath Homoeo- pathic Medical College. All the colleges were taken over by the State Govt. in 1989. Further these colleges had been affiliated to the Board of Homoeopathic System of Medicine, Assam from 1977 to 1994 temporarily and this Board was constituted under the Assam Homoeopathic Medicine Act, 1955 (for short 'The Act') which was enacted to provide for the development of Homoeopathic System of Medicine in the State of Assam and under the provisions of Medicine in the State of Assam and under the provisions of this Act the Board of Homoeopathic System of Medicine has been constituted.