Judicial review under Article 226 is supervisory, not appellate; courts should not substitute decisions of expert bodies unless arbitrariness or illegality is evident.

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 to the writ petition is extracted as under:-

. OPD and IPD Register, case records were not maintained and were not verified.

. Central Dispensing Registers were not maintained. During the day of visit, unable to show the registers for verification.

. At the time of visit computers were non-functional.

. X-Ray not functioning and ECG, USG were not available.

. Bed Occupancy could not be calculated as college did not provide data

. Inspectors are in the view that the college is not genuinely functional and the OPD figures of 142 patients per day during the last one year and the bed occupancy of 78% during last one year as reported by the college hospital appears to be note acceptable.

Teaching Faculty:

. There is no Assistant Professor in the department of Community Medicine

. 04 guest faculties available against the requirement of 08.

. Most of teaching staff were not present on both days of inspection. College provided the summer vacation notice. Only 8 teachers were present.

. Teaching plan, teaching diary, seminar, tutorial was not available during the inspection.

. 14 medical microscopes are available against the requirement of 25

. No sphygmomanometer is available against the requirement of 25.

. 04 Stethoscopes are available against the requirement of 25.

. No ECG machine is available.

. No calorimeter, perimeter, bicycle ergometer, balance chemical/ordinary, double distillation apparatus glass is available.

. No pH meter, machine for estimation of blood sugar/serological test/no models is available.

. 12 microscopes with oil immersion is available against the requirement of 25.

. Community Medicine department equipment's such as barometer, lactometer, hydrometer and others are not available.

. In the department of Practice of Medicine, no charts, equipment's for identification, specimens is available.

. No software is available in the department of Repertory

. Photocopy machine and internet facility is not available in the library.

. College is not covered under provision of anatomy act.

. Mummified bodies not available.

It has been reported by the inspectors that the college has not provided sufficient cooperation to conduct the inspection.

It is observed that the college and hospital functioning is not genuine and considering the above mentioned shortfalls. Medical Assessment and Rating Board for Homoeopathy has decided to deny permission for Homoeopathic Medical College, Hanumangarh Road (Near Bye Pass), Opposite BSF Campus, Abohar, Punjab-152116 for conducting UG(B