JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in F.No.R.17014/159/2013/2018-EP(H) dated 12.09.2018 communicated through the 2nd respondent received on 13.09.2018 denying permission for admission to BHMS Degree Course for the academic year 2018-19 to the Petitioner College (Venkateswara Homoeopathic Medical College & Hospital at No.4/11, Samayapuram Main Road, Karambakkam, Porur, Chennai – 600 116) quash the same and direct the 1st respondent to pass orders granting permission to the petitioner College for admission for 100 seats to BHMS Degree Course for the academic year 2018-19.)

For the Petitioner: G. Masilamani, Senior Counsel, D. Prabhu Mukunth Arunkumar, Advocates.

1. This Writ Petition has been filed by the petitioner, seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in F.No.R.17014/159/2013/2018-EP(H) dated 12.09.2018 communicated through the 2nd respondent received on 13.09.2018 denying permission for admission to BHMS Degree Course for the academic year 2018-19 to the Petitioner College (Venkateswara Homoeopathic Medical College & Hospital at No.4/11, Samayapuram Main Road, Karambakkam, Porur, Chennai – 600 116), quash the same and direct the 1st respondent to pass orders granting permission to the petitioner College for admission for 100 seats to BHMS Degree Course for the academic year 2018-19.

2. The petitioner is running a Homeopathy College affiliated to Dr.M.G.R.Medical University and recognized by the Central Council of Homeopathy (hereinafter referred to as 'CCH')/3rd respondent herein and also approved by the Tamil Nadu Homeopathy Medical Council, Chennai. The petitioner college was initially started in the year 2000 with annual intake of 50 seats in respect of Bachelor of Homeopathy Medicine and Surgery (BHMS) course. Thereafter, the petitioner college was accorded permission by CCH vide proceedings dated 03.10.2002 allowing increase in admission capacity from 50 to 100 seats from the academic year 2002-2003. But the petitioner college did not avail the same till the academic year 2012-13 as there was no demand for the course. Later, since there was considerable demand for the course, the petitioner college made a representation dated 05.11.2012 to the 5th respondent for increase in seats for the academic year 2013-14 from 50 to 100 seats as per the approval already granted by the CCH. Since there was no response, the petitioner college approached this Court for every academic year and by virtue of orders/directions issued by this Court from time to time in the Writ Petitions moved by the petitioner, the petitioner college made admissions for 100 seats to BHMS course. While so, for the academic year 2018-19, the petitioner college applied for grant of continuance of provisional affiliation for BHMS degree for 100 seats. The 5th respondent University, vide proceedings dated 19.07.2018 appointed an Inspection Commission to carry out inspection for the purpose of grant of approval. On 13.06.2018, the 3rd respondent conducted a surprise inspection to the petitioner college on behalf of the 1st respondent on 13.06.2018 and thereafter, by proceedings dated 12.09.2018, the 1st respondent has put the petitioner college on no admission for 50 seats. Challenging the same, the petitioner has come forward with the present Writ Petition.

3. According to the 1st respondent, as per the provisions of Section 12C(1) of Homeopathy Central Council (Amendment) Ordinance, 2018, all Homeopathy Medical Colleges shall seek permission of the Central Government within one year from the said commencement in accordance with the provisions specified in the Regulations made by the Central Council. Further, as per the provisions of Homeopathy Central Council (Minimum Standards