JUDGMENT

(Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the impugned order of the 1st respondent, Ministry of AYUSH in F.No.R.17014/164/2013-EP[H]-[Part ] dated 26.10.2016 denying permission for undertaking admission of students by the petitioner college [Dr.Hahneman Homeopathy Medical College and Research Centre, Koneripatty Panchayat, Rasipuram Taluk, Namakkal District] for undergraduate BHMS Degree course for the academic year 2016-2017, quash the same and direct the 1st respondent Ministry of AYUSH to grant permission to the petitioner College [Dr.Hahneman Homeopathy Medical College and Research Centre, Koneripatty Panchayat, Rasipuram Taluk, Namakkal District] admit students for the approved strength of students for BHMS Degree Course for the academic year 2016-2017 and future academic years.)

1. The challenge in this writ petition is to the order of the Central Government dated 26.10.2016 prohibiting the petitioner from admitting students for the BHMS course for the Academic Year 2016-17 on the ground that the petitioner does not comply with the HCC (MSR) Regulations, 2013.

2. The petitioner College which is imparting education in Homoeopathy Medicine was commenced in the year 2000 initially with sanctioned intake of 50 students. The College was affiliated to the 4th respondent University. In the year 2002, the intake was enhanced to 100 seats from the Academic Year 2002-03. The grant of permission for establishment of a Homoeopathy Medical College was vested in the Central Council for Homoeopathy under the Homoeopathy Central Council Act, 1973.

3. By way of an amendment, Section 12A was introduced to the said enactment, in and by which, the power to permit establishment of new medical institutions or to commence a new course of study was taken over by the Central Government. This amendment though was introduced by way of Amending Act 51 of 2002, was notified with effect from 28th January 2003. The question as to whether this provision is retrospective or prospective is no longer res integra and this Court had declared that the provisions of Section 12A are only prospective and not retrospective.

4. The order impugned is attacked by the petitioner mainly on the ground of lack of power with the Central Government, under the Scheme of Homoeopathy Central Council Act, 1973, to direct or to prohibit the petitioner from admitting students. Reliance is placed on Section 19 of the Act by the petitioner to contend that Central Government cannot seek to take action against the College independent of the Central Council for Homoeopathy. The petitioner would heavily rely upon the language of Section 19 which has been considered in various pronouncements of this Court, other High Courts and the Hon'ble Supreme Court.

5. The claim of the petitioner is sought to be resisted by the Central Government contending that Section 12A vests the power of permission for establishment of new College or establishment of new Course of study with the Central Government and the Regulations framed in the year 2013 empower the Central Government to prohibit the College from admitting students, if it does not comply with the requirement of the Regulations introduced in the year 2013.

6. Sri G.Masilamani, learned Senior Counsel appearing for the petitioner would vehemently contend that the bone of contention viz., the power of Central Government to take action to restrain the Homoeopathy Medical College from admitting students or any other action is no longer res integra and has been settled by catena of decisions of this Court and the Hon'ble Supreme Court.

7. The learned Senior Counsel would invite my attention to the judgment of the Division Bench of this Court in Government of India Vs. Lord Balaji Educational & Charitable Trust rendered in W.A.No.895 of 2019 on 20.03.2019, wherein, the scope of the power of Central Government under Section 19 of the Homoeopa