NARENDRA NARAIN SINHA Vs. UNIVERSITY OF BIHAR

JUDGEMENT

(1.) This application has been filed by the Secretary of the Sinha Homeopathic Medical College and Hospital, Darbhanga, for quashing a notification of the Bihar University (hereinafter referred to as 'the University') dated 27.2.1986 constituting an ad hoc committee for the management of the said College.

(2.) It is the case of the petitioner that the College in question was under the control and supervision of a duly constituted managing committee. It has also been stated in the application that the College has been recognised by the State Government in accordance with the Bihar Development of Homeopathic System of Medicine Act, 1963 for the purpose of examination and award of diploma and degree. Later after coming into force of the Bihar Development of Homoepathic System of Medicine (Amendment) Act, 1975 (Bihar Act 5 of 1975, 1976 the University of Bihar became an examining and affiliating body of all the Homeopathic Colleges of the State for award of diploma and degrees and the College in question was affiliated along with the other Homeopathic Colleges by the University. According to the petitioner, the University had no authority to dissolve the regular Governing body of the College and to appoint an ad hoc committee and that also without affording any opportunity to the petitioner to show cause.

(3.) In respect of Homeopathic System of Medicine different Acts have been enacted from time to time. In order to appreciate the controversy raised in the present writ application it is necessary to give the history of such Legislations. The earliest Act in respect of Homeopathic System of Medicine is Bihar Development of Homeopathic System of Medicine Act, 1953, which was amended later by Bihar Development of Homeopathic System of Medicine (Amendment) Act, 1975 (Bihar Act 5 of 1975, 1976). Under the Bihar Development of Homeopathic System of Medicine Act, 1953, the State Government by notification has to establish a Board to be called the Bihar State Board of Homeopathic Medicine. The Board was to register practitioners of Homeopathic Medicine and to conduct examination of all Homeopathic practitioners who did not possess the registrable qualifications. The Board had the power to grant recognition to any institution imparting instructions to the students for preparing them for qualifying examination. By the aforesaid amending Act of 1975, the power to grant affiliation to such College and to allow students of such Colleges to appear at the examination was vested in the University for the purpose of awarding diploma and degrees.