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2023 Supreme(Kar) 151

ALOK ARADHE, VIJAYKUMAR A. PATIL
Karnataka State Pvt. Homeopathic Medical College Managements Association – Appellant
Versus
Union of India Ministry of Ayurveda, Yoga, Unani, Sidda and Homoeopathy – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.R. Naik, Suraj Naik.
For the Respondents: Shanthi Bhushan H., Suyog Herale, Lakshminarayan, K.M. Prakash, Arun Shyam M.

ORDER :

1. The petitioner No. 1 is an Association of Private Homeopathic Medical Colleges in the State of Karnataka. The members of petitioner No. 1-Association with an intent to impart education in Homeopathy system of medicine have established Colleges and teaching hospitals under the provisions of Homeopathic Central Council Act, 1973, in different parts of the State. In the said colleges, education is imparted in homeopathy in Under Graduate and Post Graduate courses. The petitioners in this writ petition seek the following reliefs:

    (a) Issue a writ in the nature of declaration, declaring that Sections 3, 4, 10, 12, 14, 43, 44, 55 (2)(i)(m) of the National Commission of Homeopathy Act, 2010 (Central Act No. 15/2020) (vide Annexure A) are manifestly arbitrary, unworkable and unconstitutional and strike down the aforesaid provisions.

(b) Issue a writ of certiorari or any other writ, order or direction to declare that the Regulations of 2022 (vide Annexure N) notified by the respondent No. 2, in so far as they seek to regulate, finding it necessary and permits adopting NEET of National Medical Commissioner and counselling process and a seat matrix stipulating ‘quotas’ for admission i

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