IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2937 of 2009()
1. SHREE VIDYADHIRAJA VIDYA SAMAJAM,
... Petitioner
2. SHREE VIDYADHIRAJA HOMOEOPATHIC
Vs
1. UNION OF INDIA,
... Respondent
2. CENTRAL COUNCIL OF HOMOEOPATHY
3. STATE OF KERALA, REPRESENTED BY THE
4. PRINCIPAL & CONTROLLING OFFICER,
5. UNIVERSITY OF KERALA,
6. COMMISSIONER OF ENTRANCE EXAMINATIONS
For Petitioner :SRI.SANTHAN V.NAIR
For Respondent :SMT.D.P.RENU,CGC,
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :13/07/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
P.S. GOPINATHAN, JJ.
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W. A. No. 2937 of 2009
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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