IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WA.No. 2937 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21351/2009 Dated 09/12/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. SHREE VIDYADHIRAJA VIDYA SAMAJAM, REG.CHARITABLE SOCIETY HAVING ITS HEAD OFFICE AT `ASWATHY' T.C.28/1349, HINDU MISSION ROAD, THIRUVANANTHAPURAM-I, REP.BY ITS SECRETARY DR.R.AJAY KUMAR,RESIDING AT `MAIDAN VILLA', HINDU MISSION ROAD, THIRUVANANTHAPURAM-1. 2. SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM-20, REPRESENTED BY THE 1ST PETITIONER. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF HEALTH & FAMILY WELFARE, DEPARTMENT OF AYUSH, IRCS BUILDING, NO.I, RED CROSS ROAD, NEW DELHI. 2. CENTRAL COUNCIL OF HOMOEOPATHY REPRESENTED BY THE SECRETARY, CCH, JAWAHARLAL NEHRU BHARATHIYA CHIKITSA AVUM HOMOEOPATHY ANUSANDHAN BHAVAN, NO.61-65, INSTITUTIONAL AREA, OPP.`D'BLOCK JANAKPURI, NEW DELHI-110 058. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 4. PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE IRANIMUTTOM, THIRUVANANTHAPURAM-9. 2 5. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, UNIVERSITY OF KERALA UNIVERSITY OFFICE, CANTONMENT, THIRUVANANTHAPURAM-34. 6. COMMISSIONER OF ENTRANCE EXAMINATIONS 5TH FLOOR, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-1. ADV. SMT.D.P.RENU,CGC, FOR R1 SRI.M.RAJAGOPALAN NAIR FOR R5 SRI.CHERIAN VARGHESE FOR R2 GOVERNMENT PLEADER SRI. LAKSHMI NARAYANAN FOR R3,4 & 6 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W. A. No. 2937 of 2009 -------------------------------------------- Dated this the 13th day of July, 2010 JUDGMENT Ramachandran Nair, J. The short question arising for consideration is whether the appellant is entitled to have students allotted by the Commissioner of Entrance Examinations for admission to the first year of BHMS Course. Admittedly the appellant-college was not permitted to admit students for the academic year 2009-10 for the reason that deficiency is noted by the Central Council of Homoeopathy which prompted them to think of withdrawal of recognition and approval. However, Central Council of Homoeopathy after conducting fresh inspection has sent a communication dated 31.5.2010 to the Central Government, copy of which is produced in Court. It is stated by the Central Council of Homoeopathy that they do not propose to withdraw approval under Section 19 of the HCC Act because the college has improved facilities therein. It is specifically stated that the Executive Committee does not propose to prevent admission to BHMS Course for the current WA 2937/2009 2 academic year. Standing counsel appearing for the Central Government submitted that communication of Central Council of Homoeopathy was received by them and the Government still felt that instruction facility is inadequate inasmuch as there is inadequacy of teaching faculty members. Appellant's counsel submitted that this is a common feature in every college and it is only on account of State Government's delay in fixing the staff strength for the college and it is for the Government to do it as appellant's college is an aided college. Going by the communication of Central Council of Homoeopathy produced before us, we do not find any justification to prevent allotment of students for admission to first year BHMS course to appellant's college for the academic year 2010-11. We dispose of the Writ Appeal by directing the Commissioner of Entrance Examinations to allot required number of students in accordance with norms to the appellant's college to the first year BHMS course for the year 2010-11. We direct the Central Government to take a decision on Central Council of Homoeopathy's recommendation and communicate the same at the earliest also by WA 2937/2009 3 taking into account the problems expressed by the appellant stated above with regard to role of State Government in fixation of strength of teaching faculty. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 2937/2009 4