DR. R. B. SINGH GAYA HOMEOPATHIC MEDICAL COLLEGE & HOSPITAL Vs. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF AYUSH

JUDGEMENT

(1.) Since the issues, which the present batch of the writ applications involve, are common and the reliefs, which the petitioners are seeking, are almost identical and the facts, relevant for adjudication of these cases with slight variations, are same, they have been heard together with the consent of the parties. The cases are accordingly being disposed of by the present common judgment and order.

(2.) The petitioners, which are Medical Colleges of Homeopathy/Institutions, imparting B.H.M.S. Course, are seeking directions to the B.R.A. Bihar University, Muzaffarpur, to provide admit cards to their students pursuing the B.H.M.S. Course, for the academic session 2016-17 and to allow them to appear in the University Examination, which was scheduled to begin form 11.09.2018. These writ applications have been registered on or after 10.09.2018 and before 03.10.2018. During the pendency of these writ applications, the examination has been held and accordingly a prayer has been made to direct the University to conduct a special B.H.M.S.-1 Examination for the academic session 2016-17, for them.

(3.) The petitioners of CWJC No. 18214 of 2018 and CWJC No. 18215 of 2018 had earlier approached this Court by filling CWJC No. 19681 of 2016 and CWJC No. 19912 of 2016, respectively, challenging the decision of the Ministry of AYUSH, denying permission to undertake admission to B.H.M.S. Degree Course, under Section 12A of the Homeopathy Central Council Act, 1973 (hereinafter to be referred to as 'the HCC Act'). The permission was denied by the Ministry of AYUSH, based on the shortcomings and deficiencies noticed by the Ministry of AYUSH in course of surprise inspection by a central team, in relation to maintenance of minimum standard of requirements in terms of faculty, infrastructure etc. in the said two Colleges. A question had arisen in those cases whether under the scheme of the HCC Act or the regulations, framed thereunder, any jurisdiction was conferred on the Ministry of AYUSH to conduct a surprise inspection of an existing College, established prior to 09.12.2002. Taking into account the scheme of the HCC Act, a co-ordinate Bench of this Court by a judgment and order dated 28.06.2017, passed in CWJC No. 19681 of 2016 and its another analogous case (Dr. R.B. Singh Gaya Homeopathic Medical College & Hospital Vs. The Union of India and others), reported in 2018 (1) PLJR 719, has held that there is no provision under the HCC Act which confers upon the Central Government a power to cause an inspection of a Homeopathic medical institution, for any purpose whatsoever. Relevant portion of paragraph 51 of the said judgment is being quoted hereinbelow:- "51. There is no provision under the HCC Act, which confers upon the Central Government a power to cause inspection of a medical institution, established under the HCC Act, for any purpose whatsoever. The HCC Act does not confer upon the Central Governmentany inherent power, even impliedly, to cause inspection of a medical institution."