C D Pachchigar College of Homeopathic Medicine vs Chairman Centralised Admission Committee for Professional and Others

J.B. Pardiwala, J.—As common question of law and facts are involved in all these petitions they were all taken

In all these petitions the relief prayed for by each of the colleges is identical. The up for final hearing together and are being disposed of by this common judgment and order. Petitioners have prayed for a writ, order or direction in the nature of mandamus holding action of Respondent No. 1 of not allotting students to the respective Petitioner college under Centralized Admission System pursuant to the recognition granted by the competent authority (i.e. Central Council of Homeopathy), AYUSH in 2004 and the affiliation granted by the Veer Narmad South Gujarat University to run Homeopathy Degree Course in the respective Petitioner colleges as arbitrary, illegal and violative of Article 14 of the Constitution of India.

In each of the petitions, it is further prayed that appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction be issued directing Respondent to include the name of the respective Petitioner college in Centralized Admission Process of admission which is started from 18th July, 2011 and to allocate students in the college for the year 2011-12 as per rules and fill up all the seats in the respective Petitioner colleges on the basis of recognition granted by the Central Council (Ayush) since 2004 and affiliation granted by Veer Narmad South Gujarat University to the respective colleges.

We have heard learned senior counsel Mr. Y.N. Oza appearing with learned advocate Mr. Pradip Patel for the Petitioners, Mr. Hriday Buch, learned Counsel appearing for the Respondent,-Department of Ayurveda Yoga and Naturopathy, Unani Siddha and Homeopathy and Mr. Pranav Dave, learned Assistant Government Pleader for the Respondents-State of Gujarat and the Centralized Admission Committee for Professional Medical Educational Courses.

It appears that controversy is in a very narrow compass. It appears that Respondent No. 5 informed Secretary, Central Council of Homeopathy sometime in March, 2011 by a letter for proper implementation of provisions of Homeopathy (Minimum Standards of Education) Regulations, 1983. Relying upon this particular letter, Respondent No. 1 i.e. the Admission Committee for Professional Medical Educational Courses has taken a stand that the colleges that are listed in Annexures II and III require grant of permission from department of Ayush for current academic year and till necessary permission is not obtained from Ayush, student would not be allotted to the respective colleges. An affidavit-in-reply has been filed by Respondent No. 1 wherein the following stand has been taken.

I respectfully say that Department of Ayurveda, Yoga and Naturopathy, Unani Siddha and Homeopathy (hereinafter referred to as "AYUSH" for sake of convenience) Govt. of India has written a letter to the Secretary, Central Council of Homeopathy in March 2011 for implementation of provisions of Homeopathy (Minimum Standard of Education), Regulation, 1983 recognition and copy of this letter also send to,

1 The Dean/Principal of all Homeopathy Medical College.

2 The Registrar of all Universities having affiliated Homeopathy Colleges, for information and necessary action at their level.

3 All State Health/Homeopathy Secretaries and State Directors (Homeopathy), for information and necessary action at their level etc.

A copy of the same is annexed hereto and marked as Annexure R I to this reply.

I respectfully say that upon perusing the aforesaid letter and interpreting paragraphs 1, 4, 5-(i), (iii), (iv), (v) respectively, the colleges that are listed in Annexures II and III require grant of permission from Dept. of AYSH for current academic year. Out of these, five Homeopathic Colleges belong to Gujarat which are as listed as bellow.

In Annexure I

Dr. M L Dhavale''s Homeopathic Medical College & Hospital at Miya Gam, Vadodara

In Annexure II

1 Baroda Homeopathic Medical College, Vadodara,

2 Samarpan Charitable and Educational Medical & Research Trust''s C, Rajkot,

3 C.D. Pachichigar Homeopathic Medical College, Surat,

4 Mahalaxmi Mahila Homeopathic Medical College, Vadodara.

I respectfully say that Department of AYUSH had written letter to the Dean/ Principal/ Director of all Homeopathy Medical Colleges dated 10.06.2011 for the procedure for consideration of the cases of Homeopathy Medical Colleges for permission under the provisions of the Homeopathy Central Council Act, 1973 for the academic year 2011-12 and the copy of the same was also send to:

1 The Secretary, CCH,

2 Registrar, of all Universities having affiliated Homeopathy Colleges for information and necessary action at their level.

3 All State Health/ Homeopathy Secretaries and State Directors (Homeopathy), for information and necessary action at their level etc.

I respectfully say that Admission Committee has also received intake capacity and Seat Distribution Matrix from Director of Indian System of Medicine & Homeopathy, Government of Gujarat for all Ayurved & Homeopathy Colleges of State in which it is provided that Admission should be given after receiving permission from Dept. of AYUSH. A copy of the S.F.I. Homeopathy Colleges Matrix is annexed hereto and marked as Annexure R III to this reply.

I further respectfully say that First Counseling was held between 18 July to 27 July, 2011. All the Ayurved Colleges and above mentioned five Homeopathy Colleges of the State were not included as per the Rules because permission from Dept. of AYUSH before 18th July was not received. Second conselling will be held approximately in the 1st or 2nd week of September, 2011. If any Colleges receives grant of permission letter from of Department of AYUSH before the commencement of the 2nd counseling then admission will be allotted in the same College as per the Rules for Admission.

We take notice of the fact on bare reading of the letter addressed by Ayush that the same is for the purpose of carrying out inspection/visitation of Homeopathy colleges all over India and has nothing to do with the procedure of admission. We also take notice of the fact that each of the colleges have already been granted recognition since 2004 and affiliation of the University is also extended up to 2012. The recognition has not been withdrawn on any ground like lack of infrastructure etc. No fresh recognition has to be granted by Ayush or the Central Council of Homeopathy after each of the periodical inspection of the colleges. Inspection of the colleges is carried out only with a view to ensure that minimum requirement under the Regulation of Homeopathy Act is maintained by the concerned college and in case if there are any deficiencies reported after the inspection, the same can be asked to be taken care of by rectifying the same. So far as recognition is concerned the colleges continue to remain recognised and therefore no fresh order of recognition is necessary as demanded by Respondent No. 1. We also take notice of the fact and we are really surprised in this regard that the colleges from amongst the list of the colleges mentioned in letter dated 20th July, 2011 where inspection has not been able to be carried out pursuant to letter of March, 2011, all those colleges are included in the procedure of Centralized Admission and all of them are allocated students by Respondent No. 1.

In the above view of the matter, we hold that the insistence on the part of the Respondent No. 1 for a fresh letter of recognition or permission from Ayush for the purpose of allocating students as per intake capacity of each of the respective colleges is not tenable in law and is absolutely unwarranted. As a matter of fact, learned Counsel Mr. Hriday Buch appearing for AYUSH has made it very clear that AYUSH will have no objection if the Centralized Admission Committee for Professional Medical Educational Course, Ahmedabad publishes the names of the respective colleges as recognized college and allocate students as per their intake capacity on the basis of merit cum choice.

We clarify that we have not prohibited from carrying on inspection of the respective colleges and to place the report in this regard. If there are any deficiencies noticed during the course of inspection and if such deficiencies are brought to the notice by way of a report then it is always open for the authorities to take appropriate steps in this regard.

In the above view of the matter, each of the petitions succeed and are allowed to the aforesaid extent with no order as to costs. Civil Applications stand disposed of.