JUDGMENT :

1. Heard learned Senior Advocate Mr. D.C.Dave appearing with learned Advocate Mr. Udit N. Vyas for the petitioner and learned Advocate Mr. Harsheel D. Shukla for Respondent Nos. 2 and 3.

2. Rule returnable forthwith. Learned Advocate Mr. Harshil D. Shukla waives service of Rule on behalf of Respondent Nos. 2 and 3 whereas learned Advocate Ms. Krishna G. Rawal appears and waives service of Rule on behalf of Respondent No.1.

3. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 14.11.2022 at Annexure-K passed by the Respondent No.1 – Union of India to the extent it denied 2 seats in the subject of Materia Medica and 3 seats in the subject of Repertory of Post Graduation Course education to be imparted by the petitioner in its Homeopathy Medical College in the faculty of MD Homeopathy.

4. The brief facts of the case are as under.

4.1 The letter of permission dated 30.9.2014 was issued to establish Homeopathy Medical College in the name and style of ‘B.G.Garaiya Homeopathic Medical College’ for imparting higher course of study upto the level of graduation with the intake capacity of 100 seats for the academic years 2012-13, 2013-14 and 2014-15 on a consolidated basis to the petitioner Shree Gyanjyot Education Trust (hereinafter referred to as “the petitioner”).

4.2 The college granted admission for the academic years 2012-13 and 2013-14 under various orders of this court as well as the Hon’ble Supreme Court of India.

4.3 The erstwhile Homeopathy Central Council Act, 1973 (hereinafter referred to as “the Act 1973”) was replaced by National Commission for Homeopathy Act 2021 (hereinafter referred to as “the Act 2021”). The petitioner submitted the renewal permission application for the academic year 2020-21 which was declined by the Respondent No.1 – Union of India on 12.1.2021. The said order was challenged by the petitioner by filing Special Civil Application No. 1898 of 2021. This court by order dated 20.2.2021 quashed and set set aside the order dated 12.1.2021 and permitted the college to impart education for the academic year 2020-21.

4.4 The decision of this court was challenged by preferring LPA No.440 of 2021 which was dismissed and SLP (C) No. 15566 of 2021 was also preferred before the Hon’ble Supreme Court which was also dismissed and the order dated 20.2.2021 attained finality.

4.5 The petitioner trust moved an application (scheme) for commencement of a higher course of study at the level of post-graduation leading to the educational qualification of M.D. (Homeopathy) in 3 subjects (1) Materia Medica – 6 seats, (2) Repertory – 6 seats and (3) Organon – 6 seats w.e.f. academic year 2022-23.

4.6 The respondent authority issued a letter of intent on 2.5.2022 granting an in-principal approval to the petitioner for commencing a higher course of study at the level of post graduation. Thereafter inspection was carried out by a team of inspectors appointed by the Respondent No.3 – Board in June 2022.

4.7 The Respondent No.3 Board issued a letter of permission dated 23.8.2022 to commence the post-graduation course with the following intake capacity:

Table-II Intake approved by Respondent No.3 - Board

4.8 The petitioner therefore preferred First Appeal under Section 29(5) of the Act 2021 before the Respondent No.2 - National Commission for Homeopathy (hereinafter referred to as “the Respondent No.2-Commission”) on 9.2022. The Respondent No.2-Commission was pleased to allow the Appeal in part by order dated 30.9.2022 and modified the approved intake capacity for the postgraduate courses of the college as under: