IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12516 of 2008 SARAN HOMEOPATHY MEDICAL COLLEGE AND HOSPITAL Versus THE UNION OF INDIA & ANR . For the Petitioner:- Mr. Rajendra Prasad Singh, Sr. Advocate & Mr. Gyan Prakash Ojha, Advocate For the C.C.H.:- Mr. Ashok Kumar Singh, Advocate For the W.O.I.:- Mr. Ravindra Kr. Priyadarshi (C.G.C.), Advocate with CWJC No.3321 of 2009 MIRGANJ HOMEOPATHIC MEDICAL COLLEGE & HOSPITAL. Versus THE STATE OF BIHAR & ORS . For the Petitioner:- Mr. Janardan Prasad Singh, Advocate & Mr. Santsoh Kr. Singh, Advocate For Respondent No.6:- Mr. Ajay Behari Sinha For respondent No.3:- Mr. Ashok Kr. Sinha, Sr. Advocate For the State:- Mr. Sunil Kumar Mandal, S.C.-15 & Mr. Bipin Kumar, Advocate ----------- 06. 21.09.2010 Heard learned counsel for the petitioner, learned counsel for the Union of India in the Department of Ayush and learned counsel for the Central Council of Homeopathy. It is not an issue at all between the counsel for the parties that the petitioner institution is of long standing since on or about 1973-74 and not a new institution. Earlier apart from the requirement for affiliation by the University and approval by the State Government for the establishment of the college, recognition for the course was primarily required from 2 the Central Council of Homeopathy established under the Homeopathic Central Council Act, 1973. The college was running with the permitted intake capacity till the State Government disallowed recognition of affiliation to certain Private Medical Colleges including the petitioner by order dated 18.10.1996. This led to C.W.J.C. No.179 of 1997 with analogous petitions preferred by certain other institutions. A bench of this court on 6.05.1998 gave certain directions as contained in paragraph- 19 of the judgment. Clause-G of the paragraph stated that till recognition is granted by the State Government and by the Central Council and necessary affiliation is given by the University based on such recognition the institution cannot run any course in Homeopathic System of Medicine nor can they admit students. The Central Council of Homeopathy is then stated to have carried out a fresh inspection and submitted a report dated 10.01.2000 acknowledging that the institution was running a Diploma course (B.H.M.S) with affiliation from the Bihar State Board of Homeopathic Medicine. That the college was in existence since the last 20 years along with other necessary recommendations. With the request to the State Government and the University to ensure that 3 the college improves facilities further under the provisions of the Homeopathic (Minimum Standard of Education) Regulations 1983. While matters remained pending, at this stage the Homeopathic Central Council Act, 1973 came to be amended by the Homeopathic Central Council (Amendment) Act, 2002 (hereinafter referred to as the Amendment Act) with effect from 08.12.2002. Under the amended Act, under Section 12A of the Amendment Act those who desired to establish a new Homeopathic Medical College and those who desired to open a new or higher course of study and training, increase admission capacity in any course of study or training were classified differently with different conditions being applicable to them. The present is not a case of establishment of a new college after coming into force of the Amendment Act and therefore the provisions with regard to the same in the Amendment Act have no application. The petitioner is aggrieved by the letter dated 10.07.2007 of the Union of India in the Department of Ayush stating that it never applied to the Government of India for grant of permission to the Central Government to start the B.H.M.S. Degree 4 course as per the amended Act. It was, therefore, required to apply afresh to start aforesaid course after fulfillment of pre-requisites. Learned counsels for the parties are not at issue again that any inspection done by the Central Council of Homeopathy prior to coming into force of the Amendment Act may not suffice any more. It is equally not an issue that the petitioner does not desire to establish a new or higher course of study or training or to increase admission capacity in any course of study or training. The petitioner simply desires to resume the B.H.M.S. course on the same parameters and yardstick under which it was existing in pursuance of Homeopathic Central Council Act, 1973. Needless to state that any amendments made in the requirements by the Amendment Act with regard to standard to be maintained shall necessarily have to be adhered to. The matter is therefore, disposed off by the following directions with consent of the parties:- (a) The petitioner does not fall in the category of a new institution being established after coming into force of the Amendment Act. (b) The petitioner does not desire starting any course other than B.H.M.S. being run by it earlier 5 in accordance with the approved intake capacity thereunder. (c) The petitioner does not desire to increase intake or training capacity. (d) The petitioner shall apply to the Union of India in the Department of Ayush which shall then forward it to the Central Council of Homeopathy for fresh inspection in terms of Section 12A of the Amendment Act. The Central Council of Homeopathy shall then make its recommendation to the Union of India in the Department of Ayush upon which final decision shall be taken by the Union of India in the Department of Ayush. Let this order be complied with in the aforesaid manner within a maximum period of three months from the date that the petitioner makes an application to the Union of India in the Department of Ayush. In that view of the matter the order dated 10.07.2007 is not sustainable and is set aside with the aforesaid directions. The application stands disposed off. C.W.J.C. No. 3321 of 2009 6 Learned counsels for the parties are not at issue that this case is also similarly situated and that the petitioner was also a party in C.W.J.C. No. 773 of 1997 disposed off along with C.W.J.C. No. 179 of 1997. For like reasons as discussed above in this order, the order dated 12.08.2008 is set aside and the matter shall proceed in similar manner within the same time limits as fixed above. The application stands disposed off. P.K. ( Navin Sinha, J.)