Writ Petition (MD) No. 14760 of 2012 and M.P.(MD) Nos. 2 and 3 of 2012. Case: White Memorial Educational Society rep. by its Chairman Vs The Union of India The Central Council of Homoeopathy (CCH) The Commissioner, Directorate of Indian Medicine & Homoeopathy and Tamil Nadu Dr. MGR Medical University. High Court of Madras (India)
| Case Number | Writ Petition (MD) No. 14760 of 2012 and M.P.(MD) Nos. 2 and 3 of 2012 |
| Counsel | For Appellant: Mr. Isaac Mohanlal, Adv. And For Respondents: Mr. K.K. Senthilvelan, Asst. Solicitor General assisted by S. Arunkumar, CGSC, Mr. N.S. Karthikeyan, Addl. Govt. Pleader and Mr. C. Karthik, Adv. |
| Judges | S. Nagamuthu, J. |
| Issue | Property Law |
| Judgement Date | September 19, 2013 |
| Court | High Court of Madras (India) |
Order:
S. Nagamuthu, J.
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The petitioner Society, known as White Memorial Educational Society, was originally registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and now deemed to have been registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner society is running a Homoeopathy Medical College and other related educational institutions. The petitioner society established White Memorial Homoeo Medical College in the year 1978. It was recognised by the 2nd respondent, namely Central Council of Homoeopathy, New Delhi and Tamil Nadu Homoeopathy Council, Chennai, as per Homoeopathy Central Council Act, 1973. Initially, the college was offering Diploma Course in Homoeopathy, with 50 seats. Later, the College applied for starting Bachelor Homeopathy Medicines and Surgery Course. For the said course, the 2nd respondent, who is the competent authority under the said Act, granted permission for the same. As per the statute of the Tamil Nadu Dr. MGR Medical University, Chennai, affiliation is to be obtained from the said University. Accordingly, the petitioner applied for affiliation for 50 seats in B.H.M.S. course and the same was also granted. Thus, from the academic year 1993 onwards, the petitioner college had been offering B.H.M.S. course with annual intake of 50 students.
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While so, the petitioner wanted to increase the annual intake of students in B.H.M.S. course from 50 to 100. For the said purpose, the petitioner made an application to the 2nd respondent on 20.09.2002. Having considered the said request and all other relevant facts, the 2nd respondent, by its proceedings No. 1/2002-CCH 18021, dated 31.10.2002, granted permission to the petitioner, as per the above said Act, however, with a direction to the petitioner to comply with the provisions of Homoeopathy (Minimum Standards of Education) Regulations, 1983, as amended till 2002. Thereafter, the petitioner applied for affiliation for the additional 50 seats with the 4th respondent, namely Tamil Nadu Dr. M.G.R. Medical University. Having considered the same, the 4th respondent, by proceedings No. Affln. I(3)/05759/2011, dated 31.08.2012, granted permission to the petitioner college to increase the annual intake of students from 50 to 100. Thereafter, the petitioner was, accordingly, running the course by having annual intake of 100 students.
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In the meanwhile, the Homoeopathy Central Council Act, 1973...
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