IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 21351 of 2009(L) -------------------------------------- PETITIONERS: --------------------- 1. SHREE VIDYADHIRAJA VIDYA SAMAJAM, REG.CHARITABLE SOCIETY HAVING ITS HEAD OFFICE AT `ASWATHY' T.C.28/1349, HINDU MISSION ROAD, THIRUVANANTHAPURAM-1, 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 HEREIN. BY ADV. MR.SANTHAN V.NAIR. 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. W.P.(C). NO.21351/2009-L: 4. PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMOEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM-9. 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. R1 BY ADV. SMT.D.P.RENU,CGC, R2 BY ADV. MR.CHERIAN VARGHESE, R3, R4 & R6 BY GOVERNMENT PLEADER MR. P. NANDAKUMAR, R5 BY MR. M. RAJAGOPALAN NAIR, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21351/2009-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: BYELAWS OF THE P.1. SAMAJAM. EXT.P.2: LETTER NO. PRO/P10/RT1/1065/2009 ISSUED BY THE UNIVERSITY OF KERALA. EXT.P.3: FINAL JUDGMENT AND DECREE ISSUED BY THE PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM IN O.S. 754/2007. EXT.P.4: LETTER NO. 15-26/2008-CCH-1600 DTD. 27/02/2009 SENT BY THE CENTRAL COUNCIL OF HOMOEOPATHY TO THE UNION GOVERNMENT. EXT.P.5: LETTER NO.R-1340/14/2009-HD (TECH)DTD. 24/04/2009 SENT BY THE GOVT. OF INDIA TO THE STATE GOVERNMENT. EXT.P.6: LETTER NO. 92/SVVS/2009 DTD. 04/04/2009 SENT BY THE PETITIONER TO THE GOVT. OF INDIA. EXT.P.7: REPORT DTD. 12/12/2008 SUBMITTED BY THE INSPECTION TEAM TO THE CENTRAL COUNCIL OF HOMOEOPATHY. EXT.P.8: LETTER NO. 1164/C1/09/GHMCT DTD. 28/05/2009 SENT BY THE CONTROLLING OFFICER TO THE MANAGEMENT. EXT.P.9: LETTER NO. 145/SVVS/2009 DTD. 30/06/2009 SENT BY THE PETITIONER TO THE GOVERNMENT OF INDIA. EXT.P.10: LETTER NO.156/SVVS/2009 DTD. 10/07/2009 SENT BY THE PETITIONER TO THE CENTRAL COUNCIL OF HOMOEOPATHY. EXT.P.11: EXTRACT OF THE PROSPECTUS ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS. EXT.P.12: EXTRACT OF THE WEBSITE OF THE COMMISSIONER OF ENTRANCE EXAMINATIONS RELATING TO ADMISSION TO THE BHMS COURSE. EXT.P.13: COPY OF THE NEWS PAPER REPORT DT. 31/07/2009 OF DESABHIMANI NEWSPAPER. EXT.P.14: COPY OF THE LETTER DT. 13/05/2009 NO.AC.B/02/1042/2009. EXT.P.15: COPY OF THE LETTER DT. 20/06/2009 REF. NO. 143/SVVS/2009. EXT.P.16: COPY OF THE LETTER DT. 14/08/2009 REF. NO. 1781/SVRHMC/2009. EXT.P.17: COPY OF THE REPORT DTD. 14/08/2009. W.P.(C). NO.21351/2009-L: EXT.P.18: COPY OF THE REPRESENTATION DTD. 14/08/2009 BY THE STAFFS OF THE P.2. COLLEGE. EXT.P.19: COPY OF THE REPRESENTATION DTD. 14/08/2009 BY THE STUDENTS UNION OF THE P.2. COLLEGE. EXT.P.20: COPY OF THE LETTER DTD. 31/05/2002 NO.16-1/2002-CCH. EXT.P.21: COPY OF THE LETTER DT.D 08/10/2003 NO.16-1/2002-CCH. EXT.P.22: NIL. EXT.P.23: COPY OF THE LETTER UNDER THE RTI DTD. 16/11/2009 NO. 44834/J2/2009/H&FWD. RESPONDENTS' EXHIBITS: EXT.R2.A: REGULATIONS PRESCRIBE THE QUALIFICATION AND TEACHING EXPERIENCE FOR APPOINTMENT OF TEACHING STAFF OF HOMOEOPATHIC MEDICAL COLLEGE. EXT.R2.B: COPY OF THE ANNEXURE-F OF THE REGULATIONS. EXT.R2.C: COPY OF THE LETTER DTD. 07/08/2009 ISSUED BY THE CENTRAL COUNCIL INFORMED THE GOVT. OF INDIA. EXT.R2.5: COPY OF THE REPORT OF INSPECTION HELD ON 31/08/2009 AT THE SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM, THIRUVANANTHAPURAM. EXT.R4.A: COPY OF THE LETTER NO. 15-26/08-CCH 16001. EXT.R4.B: COPY OF THE MINUTES DTD. 29/05/2009. EXT.R4.C: COPY OF THE LETTER NO. SVRHMC/2009/1737 DTD. 11/06/2009. EXT.R4.D: COPY OF THE COMMUNICATION FROM CENTRAL COUNCIL OF HOMOEOPATHY DTD. 21/08/2009. EXT.R4.E: COPY OF THE LETTER NO. 13443/J2/H&FWD DTD. 25/09/2009. EXT.R5.A: COPY OF THE REPORT SUBMITTED BY SYNDICATE MEMBERS OF THE TEAM. EXT.R5.B: COPY OF THE REPORT SUBMITTED BY THE EXPERT MEMBER. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21351 of 2009 (L) --------------------------------- Dated, this the 9th day of December, 2009 J U D G M E N T The 1st petitioner is an Educational Agency, which has established the 2nd petitioner, a Homoeopathic Medical College, which has been recognised by the 2nd respondent since 2003. 2. In this writ petition, the prayer sought is to direct respondents 1 & 2 to ensure that a fresh inspection of the 2nd petitioner College is conducted, and not to hinder admission to the BHMS course conducted by the 2nd petitioner College until a fresh report of inspection is obtained. Consequential orders are also sought for. 3. Grievance of the petitioners is that pursuant to the Common Admission Test, students were not admitted by the Entrance Commissioner for the academic year 2009-2010. It was in the aforesaid circumstances that this writ petition was filed. 4. Pleadings show that the inspection of the College was held initially on 12/12/2008, in which Ext.P7 report was submitted WP(C) No.21351/2009 -2- by the 2nd respondent. This indicated certain short falls in the College. It would appear that based on the said report, the 2nd respondent initiated proceedings against the College for withholding of recognition as contemplated under Section 19 of the Homoeopathy Central Council Act, 1973. In pursuance thereto, it would appear that the report was forwarded to the Central Government and the Central Government in turn, had forwarded the report to the State Government. The learned counsel appearing for the Central Government submits that despite three letters, response has not been received from the State Government so far. 5. It is stated by the petitioners that in the meanwhile, the College rectified the defects substantially and made a request for a 2nd inspection, by Ext.P9. Accordingly, yet another inspection was held by the 2nd respondent on 31/08/2009 and the report has been produced by the 2nd respondent in this Court along with its statement dated 23/10/2009. It is also stated that the 2nd respondent considered this report in the meeting held on 30/09/2009, when the Executive Committee noted that the College has not made any significant improvement, and it recommended WP(C) No.21351/2009 -3- stopping of admission to BHMS degree course in the 2nd petitioner College and also migration of students to other recognised Homoeopathic Colleges in the State. The learned counsel for the petitioners states that subsequently, this report also has been forwarded to the Central Government as contemplated under Section 19 of the Act and that the Central Government in turn forwarded the report to the State Government for their recommendations. 6. A reading of the counter affidavit filed by the State Government in this case shows that it was because of the prevailing uncertainty consequent on the steps taken by the Central Council, the Entrance Commissioner, though initially included the petitioner College in Ext.P11 list of Colleges for allotment of students, did not allot students in this academic year. Correctness of this action of the Entrance Commissioner, is what is called for examination in this writ petition. 7. Evidently, steps have already been initiated by the 2nd respondent as provided under Section 19 of the Act. Two reports of the inspections have been forwarded to the Central Government. WP(C) No.21351/2009 -4- The Central Government has to obtain recommendations of the State Government and it is only thereafter can the Central Government pass order as provided under Section 19(4) of the Act. If the proceedings culminate in an order of withdrawal of recognition, certainly that will create uncertainty in the future of the students, once students are alloted and admitted in this academic year. It is in order to prevent such uncertainty, that the Entrance Commissioner has avoided allotment of students to the 2nd petitioner College in this year. Such a precautionary measure taken by the State authorities, in my view, does not reflect any arbitrariness on their side, warranting interference at the hands of this Court in a proceedings under Article 226 of the Constitution of India. 8. In view of the proceedings thus initiated by the 2nd respondent under Section 19 of the Act, evidently, uncertainty, not only in the future of the students but also in the continued existence of the College itself, is in question. This uncertainty will be put an end only if proceedings under Section 19 of the Act is finalised. This necessarily calls for expeditious action on the part of WP(C) No.21351/2009 -5- both Central Government as also State Government. 9. The learned counsel for the petitioners asserts before me that inspection report dated 31/08/2009 has been received by the State Government from the Central Government. If that be the position, necessarily, the State Government has to give its recommendation as contemplated under Section 19(2) of the Act. This the State Government has to expeditiously give, so that the Central Government can also expeditiously conclude the proceedings and pass orders as provided under Section 19(4) of the Act. 10. Taking into account the submission made by the learned counsel for the petitioner that inspection report dated 31/08/2009 has been received by the State Government, the 3rd respondent is directed to make its recommendation as contemplated under Section 19 of the Act, after obtaining explanation of the 2nd petitioner College. This the State Government shall do as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment. 11. It is directed that once the recommendation of the State WP(C) No.21351/2009 -6- Government is received, the Central Government shall finalise the proceedings as expeditiously as possible, at any rate, within two months thereafter. The petitioner shall produce a copy of this judgment before respondents 1, 2 & 3 for necessary action. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg