Compliance with prescribed norms and minimum standards set by the Homoeopathy Central Council Act 1973 is essential for obtaining permission for admission in medical courses.

JUDGMENT

Anil S. Kilor, J.

Rule. Rule made returnable forthwith. The matter is heard finally with the consent of the learned counsel for the parties.

2. A denial of permission to the Petitioner No.2- Homoeopathic Medical College and Hospital by the Respondent No.1, for taking admission in the First BHMS course with intake capacity of 5 0 UG seats for the academic session 2020-21 gave rise to this petition.

3. We have heard the respective learned Counsel for both the parties.

4. Brief facts, which are relevant to decide the controversy involved in the present Petition, are as under:

4.1 The Petitioner No. 1 is a Public Trust managing the Petitioner No.2- Homoeopathic Medical College and Hospital, which has been imparting diploma course since the year 1975-1976 and subsequently it has been upgraded to run degree course.

4.2. The respondent No. 1 is the Union of India through Secretary, Ministry of Ayurveda, Yoga and Naturopathy, Unani Siddha and Homoeopathy (AYUSH). As per the provisions of section 12C (1) of Homoeopathy Central Council Act 1973 (the Act 1973) all Homoeopathy Medical Colleges needs to seek permission of the Union of India within one year from the date of promulgation of Homoeopathy Central Council (Amendment) ordinance 2018 (the Ordinance 2018).

4.3. Accordingly, the Respondent No.2-Central Council of Homoeopathy which is the regulator for homoeopathy education, has examined the proforma of the Petitioner college submitted by the petitioner college and conducted inspection on 24 July 2020. Whereupon the Respondent No. 2 recommended to the Respondent No. 1 for not allowing admission for session 2020-21 due to deficiencies of Hospital equipment, discrepancies in teaching faculty and other discrepancies in the Petitioner college.

4.4. Resultantly, the Respondent No.1 issued a show cause notice/hearing notice dated 16.10.2020 to the Principal of the Petitioner College, calling upon the Petitioner College to present its case and to show cause as to why the admission should not be stopped in the First BHMS course for the academic year 2020-2021.

4.5. The Petitioner No.2-College in reply furnished the compliances of the deficiencies/shortcomings as pointed out in the show cause notice dated 16.10.2020, issued by Respondent No.l.4.6. Thereupon, the Respondent No.1 has considered the say of the Petitioner college and issued the impugned order dated 28.01.2021 denying permission to the Petitioner College for taking admission in the First BHMS course for the Academic Session 2020-21, in view of the shortcomings and the deficiencies. The legality and correctness of the same has been questioned in the present matter.

5. Shri Anand Parchure, learned Counsel for the Petitioners submits that in last academic year the recognition of the Petitioner-College was discontinued vide order dated 28 May 2019, which was assailed in Writ Petition No. 4164 of 2019 and the same is pending for consideration. However, in view of interim order passed therein on 17 June 2019 the admissions were made.

6. He submits that the deficiencies of Hospital's equipments, discrepancies in teaching faculties and other deficiencies mentioned in the show cause notice dated 16.10.2020 were not there in the order dated 28 May 2019, discontinuing the recognition in last academic year and therefore, the impugned order is arbitrary.

7. It is submitted that after the inspection was carried out on 24 July 2020 and on receiving show cause notice the Petitioner-College has furnished the compliances on the deficiencies/shortcomings pointed out in the show cause notice. And as such, no deficiencies or shortcomings are remained to be rectified or removed. Thus, he submits that the impugned order is illegal and not sustainable in the eyes of law.

8. Per contra, Shri U.M. Aurangabadkar, learned Assistant Solicitor General of India for Respondent Nos.1 and 2 submits that as per the prov