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(iv) The Homoeopathy (Diploma Course) Regulations 1983 (as amended in February 1999). The Homoeopathy (Post Graduate Degree Course) M.D.(Hom.) Regulations 1989 (as amended in 1993 and 2001; and

(v) The HCC (MSR) Regulation, 2013.

13. Respondent Nos. 1 and 2 have relied upon regulation 3(5) and 3(9) of the HCC (MSR) Regulation 2013 which reads as under: -

3(5) .... .... .... ..... ......

Patna High Court LPA No.1610 of 2017 dt. 13-03-2018 Submission in appeal

24. Mr. S.D. Sanjay, learned Additional Solicitor General representing the Union of India (appellants) has assailed the impugned judgment and order of learned Single Judge and the findings recorded by the learned writ court that there is no power vested in the Central Government under the HCC Act to cause inspection to a medical institution established under the HCC Act, for any purpose whatsoever. Learned Addl. S.G. has further assailed the impugned judgment and order of the learned writ court directing the Ministry of Ayush to pass a fresh order taking into consideration the reports submitted by the CCH. According to learned senior counsel the learned writ court could not appreciate the object and purpose of the HCC Act 1973 and the Regulations namely HCC (MSR) Regulation, 2013 particularly laying down the Minimum Standard Requirement (in short the „MSR‟) His submission centres around the provisions as contained under Regulation 3(5) and 3(9) of the HCC (MSR) Regulation 2013. It is his submission that under Regulation 3(5) the word „or otherwise as deemed necessary either by the Central Government or by the Central Council of Homoeopathy‟ are words of wider connotation and it gives ample power to the Central Government or the CCH to Patna High Court LPA No.1610 of 2017 dt. 13-03-2018 carry on an inspection of a Homoeopathy College in order to ensure or to find out as to whether the existing Homoeopathy Colleges are fulfilling the MSR to run those colleges.

42. It is in exercise of that power under clause (j) of Section 33 of the HCC Act 1973, in supersession of Homoeopathy (Minimum Standards of Education) regulations 1983, except as respects things done or omitted to be done before such supersession, the Central council of Homoeopathy with the previous sanction of the Central Government made the Patna High Court LPA No.1610 of 2017 dt. 13-03-2018 regulation called HCC (MSR) Regulation 2013. Since Regulation 3 of HCC (MSR) Regulation 2013 is the subject matter of discussion and interpretation in the present case, we quote the entire Regulation 3 as under:

50. In our opinion, a combined reading of sub- regulation (5) and sub-regulation (9) of Regulation 3 would lead to a conclusion that in order to ascertain whether a college fulfills the requirement as per HCC (MSR) Regulation 2013 if the Central Government deemed necessary, it may conduct an inspection. There is nothing in the HCC (MSR) Regulation 2013 which envisages or may be construed to mean and understand that the recommendation of the CCH would be mandatory and binding upon the Central Government. If the Central Government has conducted inspection on 24.08.2016 after the inspection report was submitted by CCH, the action of the Central Government in causing such inspection cannot be taken as unauthorized by law.