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2000 Supreme(Bom) 773

A.M.KHANWILKAR, A.P.SHAH
Pradeep S. Melkunde & others – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---Both these writ petitions have been filed by the students who were admitted in the Homeopathy Medical College (respondent No. 6), at Dugaphata, Taluka Bhiwandi, District Thane, run by Jan Seva Mandal, a public charitable trust (respondent No. 5).

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 mention
































































































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