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2023 Supreme(Del) 367

SUBRAMONIUM PRASAD, SATISH CHANDRA SHARMA
Homeopathic Medical College, Abohar – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Animesh Kumar, Mr. Nishant Kumar, Ms. Charu Modi and Mr. Saurabh Singh.
For the Respondents: Ms. Monika Arora, CGSC with Ms. Geetanjali Tyagi, Mr. Yash Tyagi and Mr. Subhrodeep, Mr. Sunil Narula and Ms. Isha Thakur.

JUDGMENT :

[Satish Chandra Sharma, J.]

CM APPL. 9927/2023

1. Exemption allowed, subject to all just exceptions.

2. The Application stands disposed of.

LPA 150/2023 & CM APPL. 9926/2023

3. The present Letters Patent Appeal (LPA) has been filed to challenge the order dated 17.02.2023 passed by the learned Single Judge in W.P.(C.) No. 1605/2023 titled Homeopathic Medical College, Abohar Vs. Union of India & Others.

4. The facts of the case reveal that the Appellant institution is a Homeopathic College offering under-graduate courses and is recognized by the National Commission for Homeopathy (NCH) as well as the Ministry of AYUSH. The statutory provision governing the field is contained under the National Commission for Homeopathy Act, 2020 (earlier governed under the Homeopathy Central Council Act, 1973).

5. The Appellant institution applied to NCH for permission to start under-graduate course/ Bachelor of Homeopathic Medicine and Surgery Course (BHMS) with intake capacity of 60 seats for the Academic Year 2022-23. Finally, an inspection was carried out by the Inspecting Team of the NCH and a notice was served on 17.11.2022 by the NCH pointing out certain deficiencies with respect to rene

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