B N M HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL THROUGH ITS PRINCIPAL Vs. UNION OF INDIA THROUGH SECRETARY

JUDGEMENT

(1.) Once again a question has arisen in the present batch of writ applications on the jurisdiction of the Central Government, this time, in the matter of grant of permission for undertaking admission as contemplated under Sub-Regulation (4) of Regulation 3 of the Homeopathy Central Council (Minimum Standards Requirement of Homeopathic Colleges and Attached Hospitals) Regulations, 2013 (hereinafter referred to as 'the Regulations'). The Regulations have been framed by the Central Council of Homeopathy (CCH) with the previous sanction of the Central Government in exercise of the powers conferred by Clause (j) of sub-Section (1) of Section 33 of the Homeopathy Central Council Act, 1973, (hereinafter referred to as 'HCC Act'). Clause (j) of sub-section (1) of Section 33 authorizes the CCH to make regulations by notification in official gazette, with the previous sanction of the Central Government, inter alia, to provide for the standards of staff, equipment, accommodation, training and other facilities for education in Homeopathy. Regulation 3 of the Regulations deals with fulfillment of minimum standards of requirement for Homeopathy Colleges, Sub-regulation (1) of which requires that the College and attached Hospitals shall fulfill the minimum standard requirement of infrastructure, teaching and training facilities referred to in Regulations 4 to 13 of the Regulations. Sub-regulation (4) of Regulation 3 states that existing Colleges and their attached Hospital under Section 12A of the Act and those Colleges and their Hospitals established prior to 20th January, 2003 and recognized by the Central Council shall fulfill minimum standard requirements of infrastructure, teaching and training facilities referred to in these Regulations by 31st December, 2014, for consideration of grant of permission to undertake admission in the coming academic year.

(2.) A question has arisen in the present batch of writ applications as to which Body is competent to grant permission to undertake admission as envisaged in Sub-regulation (4) of Regulation 3 of the Regulations? In the present batch of cases, the petitioners are aggrieved by various impugned orders passed by the Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), between 03.08.2017 to 12.09.2017 and have been brought on record by way of Annexures, whereby the Ministry of AYUSH, noticing certain deficiencies has denied the Colleges conducting BHMS Course, permission to undertake admissions for the academic Session 2017-18.

(3.) Since the questions of law involved in all the cases are identical, they have been heard together and are being disposed of by the present common judgment and order with the consent of the parties.