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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 11228/2016, CM No. 43954/2016

PATNA HOMEOPATHIC MEDICAL COLLEGE

& HOSPITAL

..... Petitioner

Through:

Mr. Nagendra Rai, Sr. Adv. with

Mr. Aakash Kumar & Mr.

Shantanu Saga, Advs.

versus

UNION OF INDIA & ORS

..... Respondents

Through:

Mr. Rajendra Sahu, GP for

R-1/UOI with Mr. Sameer Sharma,

Adv.

CORAM:-

HON’BLE MR JUSTICE V. KAMESWAR RAO

V. KAMESWAR RAO, J. (ORAL)

CM No. 43954/2016

1. By this order I shall dispose of the aforesaid application filed by

the petitioner seeking stay of the impugned communication dated

November 4, 2016.

2. Mr. Nagendra Rai, learned Senior Counsel for the petitioner would

submit, vide the impugned communication, the respondent No.1 has

inter-alia expressed itself that the permission for making admission shall

be denied to the petitioner for the academic session 2017-2018, if the

2016:DHC:8029

petitioner does not fulfil the eligibility conditions by producing sufficient

documents. He would state that the eligibility conditions being the grant

of No Objection Certificate from the State Government; availability of

dead body for dissection and the sitting capacity and total number of

books in the Central Library are not available as per the HCC (MSR)

Regulations, 2013 is without basis, inasmuch as, the petitioner being an

existing college, there is no provision under the Act or the Regulations

made thereunder for such a college to submit a No Objection Certificate

from the State Government. He states that the petitioner was granted

permission in the year 2004-2005 without being asked NOC from the

State Government. He would heavily rely upon the order dated

November 25, 2016 of the High Court of Gujarat in Special Civil

Application 17011/2016 and connected civil applications, Parul

University v. Union of India, wherein the High Court, on a prima facie

finding had granted interim relief in favour of the petitioners therein

allowing the Colleges to admit students in the graduation course, post

graduation course for the year 2016-2017 to the extent of their existing

intake capacity and also on the order passed by the Patna High Court in

the case of Maharshi Menhi Homeopathic Medical College & Hospital

v. The Union of India LPA No. 2191/2016 and of the Supreme Court in

2016:DHC:8029

the case reported as (2001) 8 SCC 706 Muzaffarpur Homoepathic

College & Hospital, Khabra and Anr. V. State of Bihar and others, in

support of his contention. That apart, he would state, insofar as

availability of dead body for dissection, the petitioner apart from writing

to the District Magistrate of Patna, has resorted to alternate methods. On

the aspect of sitting arrangement and availability of books, the Hearing

Committee has accepted the availability of the same and the said

deficiency no more exist.

3. On the other hand, learned counsel for the respondent No.1 would

submit that in terms of Section 12A of the Act of 1973 no homeopathic

medical college shall increase its admission capacity in any course of

study or training except with the permission of the Central Government

obtained in accordance with the provisions of the said Section. He also

draw my attention to Regulations 3(4) and 3(9) of the Regulations of

2013 to contend that all existing Colleges are to fulfil the minimum

standards requirements of infrastructure, teaching and training facilities.

According to him, a College has to obtain No Objection Certificate from

the concerned State Government has been laid down in the Establishment

of New Medical College (Opening of New or Higher Course of Study or

Training and Increase of Admission Capacity by a Medical College),

2016:DHC:8029

Regulations 2011. He states, the State Government has been writing to

the respondent No.1 that eight homeopathic medical Colleges including

the petitioner College are conducting BHMS