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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, SATISH CHANDRA SHARMA, JJ.
Homeopathic Medical College, Abohar - Appellant
Versus
Union Of India & Ors. - Respondents
LPA No.150 Of 2023
Decided On : 01-03-2023
Homeopathic Medical College - Challenge to denial of permission to start BHMS course - National Commission for Homeopathy Act, 2020 - [National Commission for Homeopathy Act, 2020] - The court discussed the deficiencies observed by the National Commission for Homeopathy (NCH) and the subsequent appeals made by the Appellant institution. The court found that the Appellant institution was not entitled to admit students unless and until it was granted permission by the statutory authorities for the Academic Year 2022-23. The appeal was dismissed.
Fact of the Case:
The Appellant institution, a Homeopathic College, sought permission to start an under-graduate BHMS course with an intake capacity of 60 seats for the Academic Year 2022-23. The NCH pointed out deficiencies and denied permission, leading to appeals by the institution. The learned Single Judge allowed the writ petition, remanding the matter back to the NCH for fresh consideration.
Finding of the Court:
The court found that the Appellant institution was not entitled to admit students unless and until it was granted permission by the statutory authorities for the Academic Year 2022-23. The appeal was dismissed.
Issues: The main issue was whether the Appellant institution was entitled to admit students without permission from statutory authorities for the Academic Year 2022-23.
Ratio Decidendi: The court held that the institution was not entitled to admit students without valid permission from the statutory authorities, as no statutory provision empowered the institution to grant provisional permission to admit students without approval from the Competent Authority.
Final Decision: The appeal was dismissed, affirming the decision of the learned Single Judge.
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 renewal of permission for BHMS with intake capacity of 60 seats.
6. It was contended by the Petitioner before the learned Single Judge that the deficiencies pointed out by the NCH were properly explained while submitting the representation/ reply on 21.11.2022, and finally, an order was passed by the NCH on 28.11.2022 denying permission to the Appellant/ Petitioner institution to start under-graduate BHMS Course with intake capacity of 60 seats for the Academic Year 2022-23.
7. The Appellant institution preferred an appeal in the matter before the NCH and the said first appeal was rejected on 27.12.2022. Thereafter, a second appeal was preferred and the same was rejected on 25.01.2023.
8. Various grounds were argued before the learned Single Judge and the learned Single Judge has allowed the writ petition. Paragraphs 5 to 20 of the order passed by the learned Single Judge read as under:
6. The notice dated 17.11.2022 issued to the petitioner-institution would show that the deficiencies observed in the petitioner-institution relate to teaching staff, Dr. Vinod Kumar Mahipal. The miscellaneous deficiencies are with respect to Employees' Provident Fund (in short, EPF), acquittance not provided, salary bank statement of only 01 staff, Form- 16 not being made available and the website not functional with respect to the students' date and the result of one year was no updated as on 17.11.2022. Another deficiency which has been pointed out relates to patients' availability in IPD; therefore, the functioning of IPD was found to be in doubt. It was also observed therein that certain corrective measures were to be taken by the concerned hospital, as were observed in the inspector's observations.
Extract of notice dated 17.11.2022 is reproduced as under :
Deficiencies observed in Homeopathic Medical College, Hanumangarh Road, Near Bye Pass, Opposite BS Campus, Abohar - 152116, Punjab are as follows :
A. Teaching Staff: Dr. Vinod Kumar Mahipal (Guest Reader, Practice of Medicine): Previous full-time experience not provided.
B. Miscellaneous:
a) EPF - e-challan of only 15 members provided.
b) Acquittance not provided - Salary sheet provided but signature of concerned staff not provided.
c) Salary bank statement of only 01 staff provided.
d) Form-16 not available.
e) Website functional but Students' data and last 01-year result not updated as checked on 17.11.2022.
C. Video recording of Physical Inspection is showing no patients in admitted in IPD. Therefore functioning of IPD is doubtful.
D. Inspector's Observations:
a) IPD needs to change the following - Discharge sheets should be improved, IPD case record, diet charts, OPD case records and medical record room should be
Institutions are not entitled to admit students without valid permission from statutory authorities, and no statutory provision empowers institutions to grant provisional permission to admit students....
The court emphasized the importance of proper consideration of the petitioner's submissions and the provision of the inspection report for a fair decision.
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
The importance of providing proper opportunity of hearing and access to inspection reports before making decisions on permission for educational institutions.
The court emphasized the importance of considering the observations made by the hearing committee, interpreting and applying regulations correctly, and making decisions based on documentary evidence.
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.
The Ministry of AYUSH lacks authority under Section 12A of the Homeopathy Central Council Act to deny extension of approval to existing colleges despite compliance with new regulations, prioritizing ....
Point of Law : Provisions contained in subsection (4) of Section 12A of HCC Act would be attracted and scheme submitted by petitioner shall be deemed to have been approved by Central Government and t....
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