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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sheel Nagu, Anil Kshetarpal
Bhai Kanhaiya Sewa Society – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Anil Kshetarpal, J.
BRIEF FACTS OF THE CASE
1.1 The petitioner-Society runs a Homoeopathic Medical College and Hospital since 1975, at Abohar. Through this writ petition, the petitioner prays for writ of certiorari to quash the letter issued on 09.08.2024, by the Medical Assessment and Rating Board of Homoeopathic (hereinafter referred to as 'MARBH'), the National Commission for Homoeopathic (hereinafter referred to as NCH), order dismissing petitioner's first appeal on 02.09.2006 as well as Union of India's order dated 21.10.2024, while dismissing petitioner's second appeal.
1.2 In substance, the petitioner has not been granted permission for admitting students in Bachelor of Homoeopathy course for the academic sessions 2024-2025. It is alleged by the petitioner that the members of the Inspection Team nominated by MARBH demanded bribe which the petitioner was forced to pay. The video and photograph of the aforesaid incident has been attached as Annexure P-2 and P-3, respectively. Ultimately, on the report of the Inspection Team, the MARBH refused permission to admit the students for academic year 2024-2025. The relevant part of the report in the affidavit filed in response
Judicial review under Article 226 is supervisory, not appellate; courts should not substitute decisions of expert bodies unless arbitrariness or illegality is evident.
The court held that expert regulatory bodies' assessments of medical institutions' deficiencies are not to be overridden by the judiciary unless significant jurisdictional errors are proven.
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....
Proviso (a) to Regulation 8 (3) (1) covers admissions upto the second renewal i.e. admissions to third batch. It not restricted only to second renewal cases and covers first renewal as well.Regulatio....
The court emphasized the importance of proper consideration of the petitioner's submissions and the provision of the inspection report for a fair decision.
Personal hearings are not mandated under the National Commission of Homeopathy Act; educational institutions must meet adequate facility standards for student competency.
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 court emphasized the need to encourage institutes with necessary infrastructure for running ayurvedic medical colleges to contribute to strengthening the infrastructure of the system of medicine ....
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