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IN THE HIGH COURT OF BOMBAY
A.P. Shah A.M. Khanwilkar, JJ.
Pradeep S. Melkunde others.... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition No. 2305 of 1999 with W.P. No. 4960 of 1998, decided on 29-9-2000.
Advocates appeared :
Asif I.I. Patel, in W.P. No. 2305 of 1999, for petitioner.
V.M. Parshurami with Ms. Jyoti Pawar, in W.P. No. 2305 of 1999, for respondent No. 4 and in W.P. No. 4960 of 1998, for respondent Nos. 1 and 2.
C.M. Jha, in W.P. No. 2305 of 1999, for respondent No. 7.
S.V. Palsuledesai, in W.P. No. 2305 of 1999, for respondent No. 4 and in W.P. No. 4960 of 1998, for respondent Nos. 5 and 6.
K.A. Rodrigues, in W.P. No. 2305 of 1999, for respondent.
R.K. Mendadkar, in W.P. No. 4960 of 1998, for petitioner.
H.P. Chaturvedi, in W.P. No. 4960 of 1998, for respondent No. 4.
Sunil Kumar Sharma, in W.P. No. 4960 of 1998, for respondent No. 3.
T.C. Kaushik, in W.P. No. 4960 of 1998, for respondent No.
Permission to start Homoeopathy Medical College- In absence of permission, all admissions granted were illegal, without authority of law and void ab initio, high Court taking extreme deterrent action saddled college management and State Government with compensation/damages and directed refund of fees to students. The central Council of Homoeopathy granted permission to start the college of Homoeopathy to the Jan Seva Mandal, a public charitable trust. The permission was only for the academic years 1995- 1996 and 1996-1997. The college was however started in the academic year 1996-1997. Thus, management not only unauthorizedly established a medical college without obtaining permission from the concerned authorities, but had not shown any seriousness or sensitivity in overcoming the deficiencies although it was obliged to do so in law as a pre-condition to start or run a medical college.
2. The Jan Seva Mandal, intended to start a Homeopathy Medical College at Dugaphata, Taluka Bhiwandi, District Thane, hence made an application to the concerned authorities for according permission. Respondent No. 3, the Central Council of Homeopathy (hereinafter referred to as C.C.H. for the sake of brevity), which is the competent authority, decided to accord such permission, vide letter dated September 7, 1994, on certain conditions. For proper appreciation of the issues involved in the present proceedings, it would be apposite to reproduce the said letter in verbatim, so as to high light the conditions on which the decision to grant permission in favour of the respondent Nos. 5 and 6 to start the Homeopathy Medical College was granted, which reads thus :
"With reference to your letter No. MED-193/CR 187/93/EDU/MED 4-A dated 28-4-1993 on the subject cited above, I am directed to say that the above mentioned college was inspected by the Central Council on 18-6-1994 and the report of inspection has been considered by the Executive Committee of the Central Council in its meeting held on 5-8-1994 and it decided to grant permission to Similar Similibus Curentur Janseva Mandal's Homeopathic Medical College, Dugadphata, Tal. Bhiwandi 421 302 Dist. Thane to start B.H.M.S. Direct Degree Course for two years from the date the concerned University grants affiliation to it subject to the conditions namely :---
a) the admission in I M.H.M.S. shall be restricted to 50 students only
b) admission to I B.H.M.S. shall be made only after getting affiliation from the university; and
c) the college shall make up the insufficiencies as pointed out by Central Council and shall provide the minimum requirements, norms and standards in terms of accommodation, equipment, teaching as well as hospital staff and attached training hospital as per Homeopathy (Minimum Standards of Education) Regulations, 1983.
It is therefore, requested that the State Government may ensure that the college fulfils the above conditions and the extent to which the college has made the progress may please be informed to this Council within three months from receipt of this letter. The insufficiencies observed during inspection and being intimated separately. Matter regarding further recognition of the college will be considered by this Council after receipt of a fresh request from the college through State Government or the University."
3. It is not in dispute that, although C.C.H. decided to accord permission to start the college of Homeopathy Medical College as aforesaid, however, Jan Seva Mandal did not start the college for the academic year 1995-96. The college was in fact started in the academic year 1996-97, in which year about 31 students were admitted. The above said permission granted by C.C.H. was only for the academic years 1995-96 and 1996-97. Admittedly, no further permission was granted either by C.C.H. or by Mumbai University or the State Government to run the Homeopathy college. In the circumstances, Jan Seva Mandal had no option but to close the Homeopathy Medical College from the academic year 1997-98, however, filed writ petition before this Court bearing Writ Petition No. 3473 of 1997. The order passed by this Court on 13-1-1998 in the said Writ Petition No. 3473 of 1997 is reproduced thus :
"CORAM: ASHOK AGARWAL S.D. GUNDEWAR, JJ.
Under in terms of the Minutes of the Order signed by Advocates and initialled by us by way of identification.
The petition is disposed of. No order as to costs.
MINUTES OF ORDER
1. Rule. Rule made returnable forthwith. Respondents waive service.
2. The petitioners shall within a period of eight weeks from today take steps to meet all the deficiencies whi
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