Civil Appeal No. 10920 of 2018 (Arising out of S.L.P. (Civil) No. 2194 of 2018)

Decided On: 12.11.2018

Appellants: Tamil Nadu Dr. MGR Medical University
Respondent: SVS Educational and Social Trust

Hon'ble Judges/Coram:
S.A. Bobde and L. Nageswara Rao


L. Nageswara Rao, J.

Leave granted.

1. The request of the First Respondent for continuance of provisional affiliation for admission of students in Bachelor of Homeopathy Medicine and Surgery (BHMS) degree course for the academic year 2016-2017 was rejected by the Appellant. In a Writ Petition filed by the First Respondent assailing the said order, the High Court of Madras directed the Appellant to permit the First Respondent to participate in the counselling for admission to Homeopathic Colleges for the academic year 2017-2018. The Division Bench of the High Court of Madras upheld the said interim order. Hence this Appeal.

2. The Central Council for Homeopathy, the Third Respondent herein, conducted an inspection on 06.08.2013 and recommended for grant of permission to the First Respondent for starting a Homeopathic college with an intake of 50 students. The Government of India, Ministry of Ayurvedic, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), the Second Respondent herein, refused to grant the permission on the basis of its own assessment. In view of the deficiencies of the requisite facilities found in an inspection conducted later, the application of the First Respondent for admission to the first batch of students to BHMS course was rejected by the Third Respondent. However, the Second Respondent decided to grant permission to the First Respondent to start a new homeopathic medical college Under Section 12A of the Homeopathy Central Council Act, 1973 (hereinafter referred to as the 'Act'). On 28.09.2015, the First Respondent was informed that it can admit 50 students for the academic year 2015-2016 subject to the condition that sufficient infrastructure, hospital facilities and qualified teachers in each department as per the relevant Regulations were provided before the admission of students. It was mentioned in the letter dated 28.09.2015 that the First Respondent should comply with the requirements of the Act and the relevant Regulations made thereunder for obtaining permission to admit students in the academic year 2016-2017.

3. In view of the unfortunate death of three students of BNYS course in the First Respondent institute on 23.01.2016, the Government of Tamil Nadu directed relocation of BHMS students also. The First Respondent-College was closed down by the District Collector, Villupuram and students were adjusted in Government Homeopathy Medical College, Thirumangalam. Thereafter, the First Respondent filed an application for grant of provisional affiliation which was rejected by the Appellant on 08.04.2016. The reason for rejection was the failure on the part of the First Respondent in not rectifying the deficiencies notified to the College in the inspection. Writ Petition No. 18510 of 2016 filed by the First Respondent challenging denial of provisional affiliation was dismissed by the High Court. However, a Division Bench of the High Court directed the Appellant to reconsider the grant of affiliation after conducting another inspection in the Writ appeal filed by the First Respondent against the judgment in Writ Petition 18510 of 2016.

4. On a reconsideration of the matter the Appellant rejected the request of the First Respondent for continuance of provisional affiliation for admission of students to BHMS cours........