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Madhya Pradesh High Court

Vasundhara Raje Homoeopathic Medical ... vs Union Of India on 22 November, 2016

                             1               WP No. 8109/2016

22/11/2016
       Shri Pawan Dwivedi, learned counsel for the
petitioner.
    Case of the petitioner is that vide Annexures P-2
and P-3 permission has been granted               for running
BHM course from 2003-2004 onwards by the Central
Government. After coming into effect of provisions of
HCC (MSR) Regulations, 2013, it is noticed that
certain additional requirements are not completed by
the Institution/Homeopathy        College as provided in
Clause 3 (4) of the Regulations. It appears that the
petitioner was pointed out certain deficiencies by
Central    Government,      in   regard     to    which   the
petitioner failed to produce sufficient documents to
substantiate the claim of having required number of
hospital staff (Shortage of 01 MO, 01 nursing staff,
01 wards boys) functional Clinical Laboratory in the
hospital      and   functional   website,    as     per   the
Regulations,2013). The Central Government thus vide
impugned       order   Annexure     P-1     prohibited    the
petitioner's college     students to participate in the
counselling in the year 2016-2017. It is the case of
the petitioner that no deficiency         has been pointed
out during inspection by the team of the Council. It is
further submitted that petitioner college has been
running since last 60 years.
     Shri Vivek Khedkar, learned Counsel on behalf
of respondent Nos. 1 and 3 and Shri Praveen

Newaskar, learned Government Advocate on behalf of respondent No.2 take notice.

They are in receipt of copy of memo of petition. They are directed to seek instructions and file reply.

Registry is directed to reflect the name of Shri Praveen Newaskar, learned Government Advocate for respondent No.2/ State in daily cause list.

Since, it is submitted that counselling for admission shall be held on choice filling on 22 nd and 23rd November, 2016, as an interim measure, it is directed that petitioner be permitted to participate in the counselling process for BHMS course.

It is made clear that no equity shall be claimed by the petitioner arising from the present order and the permission granted hereby is provisional which shall remain effective subject to final decision of this petition.

A typed copy of this order be supplied to counsel for the petitioner today.

Certified copy as per rules.

              (Sheel Nagu)                    (S.A. Dharmadhikari)
                Judge                                 Judge
Prachi*