Martin (Nethra) Homoeopathy vs Union Of India on 14 December, 2018
22.Mr.G.Masilamani, learned Senior Counsel, relied upon
the judgment of the Uttarakhant / Uttaranchal High Court,
reported in AIR 2012 Uttarkhand 112, in the case of
Chandola Homoeopathic Medical College and another vs
Union of India and others. In a writ petition filed by
Homoeopathic Medical College, challenging the order passed
by the Central Government denying permission to take
admission in first year BHMS degree course for the academic
year 2011-12, it was contended by the petitioner institution that
the impugned order has been passed by the Union of India
without any authority of law. Inasmuch the provisions of
Section 19 of the Act had not been adhered to and the Central
Council had never considered any report having been made by
the Inspector or vistor to the Central Council and the Central
Council had not made any representations to the Central
http://www.judis.nic.in
57
Government with regard to withdrawal of recognition. Similar
order of Central Government was held to be without
jurisdiction. The learned Single Judge of Uttarakhand High
Court has held that Section 12A of the Act is not applicable to
the existing medical institution. It is further held that the
Central Government has power to withdraw recognition only
under Section 19 of the Act and that such power can be
exercised only by strictly adhering to the procedure
contemplated under Section 19 of the Act. The learned Single
Judge has held as follows: