Important Point
The Students Council without disclosing any material regarding their nature and functions and funding, should not be allowed lightly to undertake litigation in the name of public interest which can cause a lot of damage to others.

Headnote:(i) Education-University of Rajasthan Act, 1946-Sections 4, 13, 22, Statute 37 of the University of Rajasthan-Homoeopathic Medicine-Two appellant colleges were affiliated to the Rajasthan Board of Homoeopathic Medicine-Their students appeared for the B.H.M.S. examination conducted by the Rajasthan Board until about 1994-This Court in the judgment of Unnikrishnan held that no educational institution except a University is entitled to award degrees-Students of the two appellant colleges who had joined the course prior to these colleges being affiliated with the University, permitted by Vice Chancellor to take examination of the University-Order of Vice Chancellor challenged - Whether the Vice Chancellor was within his rights in passing the impugned order?-(Yes).
       Held : Clause (b) of sub-section (2) of Section 4 which permits the University to allow even persons who had not pursued a course of studies in the University or its affiliated colleges or approved institutions to appear and pass the examinations as non-collegiate students. The power of the University, therefore, is not confined to only permitting students from affiliated colleges to appear for an examination. In a given case, the University may permit even persons not belonging to affiliated colleges to appear for the examination. The power to grant approval for institutions also is wide. The approval can be for a limited purpose such as permitting appearance in an examination over a limited period just as affiliation can be provisional or permanent or restricted. The University has also very wide powers under sub-section (15) of Section 4 to do all such other acts whether incidental to the specified powers or otherwise as may be required to further the objects of the University as an educational body. These powers are exercised, inter alia, through the Vice-Chancellor, the Syndicate and the Board of Inspectors. The Vice-Chancellor was, therefore, within his rights in passing the impugned order of 13th of May, 1995 and the Syndicate has, in exercise of its powers, ratified the action of the Vice-Chancellor and the recommendations made by the Board of Inspectors. The High Court, in our view, was not right in coming to the conclusion that the Vice-Chancellor had no power to pass such an order. (Para 20)
       (ii) Education-Public Interest Litigation-Students Council not disclosing any material regarding their nature and functions and funding-Whether should be allowed to undertake litigation in the name of public interest?
       Held : The Students Council has now filed an affidavit disclosing its status and its constitution. It does not disclose whether the Council was authorised to file the present litigation, and if so, by whom; whether it has the funds to indulge in this litigation and whether it had the backing of a majority of its members for this litigation. Since on merits also we find that the action must fail, we are not examining these questions any further except for the purpose of indicating that such organisations, without disclosing any material regarding their nature and functions and funding, should not be allowed lightly to undertake litigation in the name of public interest which can cause a lot of damage to others. (Para 23)
       There is no basis for alleging any harm to public interest in allowing the students of the two appellant colleges to appear for the B.H.M.S. examinations of the University of Rajasthan. The University which had inspected these two appellant colleges and considered the course of studies which they offered, was in a far better position to decide whether the students who had studied for the earlier course were fit enough to be allowed to appear for the examinations of the University of Rajasthan. The decision which was taken by the University was a bona fide decision after taking into account the standard of teaching offered by the two appellant colleges. The action was also supported by the State Government. The Central Council of Homoeopathy has also recognised these two colleges. The public interest was not in any manner adversely affected by the impugned decision. (Para 22)

Judgment

Mrs. Sujata V. Manohar, J.-Delay condoned.

Leave granted.

2. Appeals 16040 and 16041 of 1996 arise from a common judgment of the Division Bench of the High Court of Rajasthan at Jaipur dated 11th of October, 1996 in D.B. Civil Special Appeal (Writ) No. 15/1996 against the order dated 13.12.1995 of the Learned Single Judge in Civil Writ Petition 4882 of 1995. Civil Appeal No. 16040 of 1996 has been filed by Bhartiya Homoeopathy College, Bharatpur while Civil Appeal No. 16041 of 1996 is filed by Yuvraj Pratap Senior Memorial Homoeopathy Medical College, Alwar. For the sake of convenience we are setting out the facts in Civil Appeal No. 16041 of 1996. Both the appeals along with appeal arising from S.L.P.(C) No. 2991/98 (cc 9141/97) and Writ Petition No. 81 of 1997 have been heard together because they raise common questions and arise from the same judgment of the Division Bench of the Rajasthan High Court.

3. In 1969 the Legislature of the State of Rajasthan enacted the Rajasthan Homoeopathic Medicine Act, 1969 (Act 1 of 1970). Section 3 of the Act provides for the establishment of the Rajasthan Board of Homoeopathic Medicine. Section 40(1) of the said Act prescribes that the said Board shall have the power to recognise Homoeopathic educational or instructional institutions for the purpose of affiliation. Section 40(iii) empowers the said Board to hold examinations and to grant degrees-diplomas to persons who shall have pursued a course of study in an educational institution affiliated to the Board. Accordingly the Rajasthan Board of Homoeopathic Medicine was set up under the said Act. It conducted examinations for the grant of B.H.M.S. Degree as well as examinations for a Diploma in Homoeopathy. The two appellant colleges at Alwar and Bharatpur were, at the material time, affiliated to the Rajasthan Board of Homoeopathic Medicine. Their students appeared for the B.H.M.S. examination conducted by the Rajasthan Board of Homoeopathic Medicine until about 1994.

4. In 1973 the Central Government enacted the Homoeopathy Central Council Act, 1973 (Act 59 of 1973). Section 13 of the Homoeopathy Central Council Act, 1973 provides for recognition of medical qualifications in Homoeopathy granted by any University, Board or Medical Institution in India. The recognised institutions and qualifications are listed in the Second Schedule of the Act. In the Second Schedule, under the head “State of Rajasthan”, the Rajasthan Board of Homoeopathic Medicine is recognised from 1979 onwards for a Diploma in Homoeopathic Medicine and Surgery (D.H.M.S.). The University of Rajasthan is recognised for the degree of B.H.M.S. from 1990. The Rajasthan Board of Homoeopathic Medicine is not recognised for the degree of B.H.M.S. under the Second Schedule to the Homoeopathy Central Council Act, 1973. The Rajasthan Board of Homoeopathic Medicine, however, continued to hold examinations for the degree of B.H.M.S. The Rajasthan University also conducted a degree course in Homoeopathy for the degree of B.H.M.S. The Homoeopathy Medical College at Jaipur was affiliated to the Rajasthan University for the B.H.M.S. degree course.

5. On 31st of March, 1987 the State Government, Medical and Health Department, wrote to the Registrar of the University of Rajasthan stating that after consultation with the Rajasthan Board of Homoeopathic Medicine and the Board of Indian Medicine Rajasthan, the State Government considered it desirable that examination, inter alia, in respect of all the classes of B.H.M.S. should be conducted through the University of Rajasthan in respect of students studying in the colleges which should get themselves affiliated to the University. The letter mentioned three colleges which were conducting courses leading to B.H.M.S. These were the two appellant colleges-one at Bharatpur and the other at Alwar, and the Homoeopathic Medical College at Jaipur. The State conveyed to the University that it would be better if the University agrees

Click Here to Read the rest of this document

1998 Supreme(SC) 143

Important PointThe Students Council without disclosing any material regarding their nature and functions and funding, should not be allowed lightly to undertake litigation in the name of public interest which can cause a lot of damage to others.

Cases Referred (1)

Important Point
The Students Council without disclosing any material regarding their nature and functions and funding, should not be allowed lightly to undertake litigation in the name of public interest which can cause a lot of damage to others.