JUDGMENT 1. - As per the facts mentioned in the memo of writ petition, Bhartiya Bal Mandir Samiti is a registered society registered under the Rajasthan Societies Registration Act. 1958 and is running Bhartiya Homoeopathic Medical College, Iiharapur whose Principal is Dr. U.S. Jurel (petitioner No. 2), whereas petitioner No. 3 Shri Tanej Rajwanshi is the President of Students' Union of the said College. The College was established in the year 1972 and started a Four Years' Diploma Course in Homoeopathic Medicine & Surgery. At that time, there was no body or Board or University in the State of Raj. to conduct these examinations. Though Rajasthan Homoeopathic Medicine Board(in short 'Rajasthan Board') had come into existence in the year 1971, under the Rajasthan Homoeopathic Medicine Act, 1969 but the Rajasthan Board used to deal with only registration of the Homoeopathy practitioners, therefore, the College applied for affiliation to the Board of Homoeopathic Medicine, U.P. and was granted affiliation in the year 1972 itself. This continued till 1977. Rajasthan Board started giving affiliation and recognition for education and examination. The College also applied for the same and was given provisional recognition by the Rajasthan Board for the session 1976-77 for the conduct of education and examination of D.H.M.S in the year 1977 (vide Annexure-4). The said recognition and affiliation was extended, from time to time, up to 1983 with certain terms and conditions. In the years 1984, the College was also recognised by the Rajasthan Board for affiliation for the education and examination of B H M.S. (Degree Course) & 18 months' course after passing D.H.M.S. This graded degree course of B.H.M.S. was duly prescribed by the Central Council of Homoeopathy constituted under the Homoeopathy Central Council Act, 1973. This recognition was further renewed from time t.) time and extended for the sessions 1984-85, and 1985-86. In the year 1986, the Rajasthan Board started giving recognition for affiliation for conduct of education and examination in regular degree course B.H.M.S. (direct degree course of 51/2 years) as prescribed by the Central Council. Tine College also applied and received recognition for affiliation in the year 1985 for regular B.H.M.S. course vide letter dated 20-8-1986 (Anx. 12). Since the Rajasthan Board stopped recognition and affiliation for D.H.M.S. in the year 1986, no extension for recognition for D.H.M.S. was required thereafter. Tine College also applied and received recognition for affiliation in the year 1985 for regular B.H.M.S. course vide letter dated 20-8-1986 (Anx. 12). Since the Rajasthan Board stopped recognition and affiliation for D.H.M.S. in the year 1986, no extension for recognition for D.H.M.S. was required thereafter. The College was given extension for graded degree course in B.H.M.S. for the sessions 1986-87 & 1987-88, with the direction to get affiliation from the University of Rajasthan for the session 1988-89 and onwards. The College was also given extension or recognition for B.H.M.S. direct degree course so also B.H.M.S. graded degree course up to session 1988-89 by Rajasthan Board which was further extended for the session 1989-90 (Anx. 15). University of Rajasthan also started conducting examination for the course of B.H.M.S. (direct degree course of 5 years) under the Faculty of Ayurveda and started giving recognition for affiliation for the purpose of education and examination to colleges which were imparting education in Homoeopathy for B.H.M,S. Course. The petitioner also applied to the University on 30-12-1986, fulfilling all the requirements which were acknowledged by the University vide its letter dated 30th July, 1987. The University constituted a Committee on 30th July, 87 for inspection, headed by Dr. D.L. Chhangani but inspection could not be made an.J thereafter the Committee was reconstituted on 21-3-1988, 25-4-1988, 21-5-1988, 30-9-1988 and 18-11-1988 and ultimately, the inspection was fixed for 24-12-88 but inspection was not done on that day and the Committee was re-constituted on 27-41989. Dr. N.B. Singh who was added as a Member of the Inspection Committee vide order dated 27-4-89 wrote a personal letter to the Principal of the College for giving admission to son of his close relative in First Year of B.H.M.S. A telephonic message was also sent to the President of the College. Since admission could not be given to that candidate, Dr. N.B. Singh got biased and prejudiced against the College and the Board and therefore the Principal of the College requested the University vide letter dated 26.6.1989 not to have inspection by a Committee of which Dr. N.B. Singh was a member and also because he was a close friend of Dr. Girendra Pal, a Member of the Syndicate of the University of Rajasthan and who was instrumental in delaying the matter of recognition of the college as he himself was running an educational institution in Homoeopathy at Jaipur. N.B. Singh was a member and also because he was a close friend of Dr. Girendra Pal, a Member of the Syndicate of the University of Rajasthan and who was instrumental in delaying the matter of recognition of the college as he himself was running an educational institution in Homoeopathy at Jaipur. In spite of the aforesaid request, the Committee included Dr. N.B. Singh as a Member Expert in Homoeopathy. The Principal tried to talk the Registrar on phone when he came to know that Dr. N.B. Singh is also a member of the Committee but since the Registrar was on leave, nothing could be done. The Principal, after the inspection requested the University vide his letter dated 31.8.1989 not to consider the report of the said Committee of inspection as the only Expert Member Dr. N.B. Singh was biased and prejudiced against the College and therefore, a fresh inspection should be made, if at all necessary, with the Members of the Syndicate. Dr. Jugal Kishore Sharma of the Central Council of Homoeopathy had also written a D.O. letter to the Secretary to Government, Medical and Health, Government of Rajasthan regarding affiliation of colleges in Homoeopathy by the University. The said College is an aided institution receiving financial aid by the Central Government. The college received grant in aid of Rs. 1.60 lacs for development of library after due inspection by an Expert Committee of the Government of India. The petitioners have enclosed with the writ petition a copy of the balance-sheet as also list of equipments and articles in different departments of the college and hospital and a chart of out-door and indoor patients as well as details of building of college and hospital (vide-Anx. 33 to 48) and has asserted that it had adequate facilities in all respects and its financial status is sound. 2. Another inspection of the College was held on 10-1-1986 by four members nominated by the Rajasthan Board which recommended for provisional permission to the College for conducting direct degree course in B. H. M. S. and accordingly the College was given recognition for affiliation for conducting direct degree course of B. H. M. S. which was extended from time to time and the college was further asked to take immediate steps for affiliation to the University for conducting direct degree course of B. H. M. S. 3. In the writ petition, it has also been asserted that Madan Pratap Khunteta, Rajasthan Homoeopath Medical College, Jaipur, of which Dr. Girendra Pal (respondent No. 2) is Principal, who is a very influential person, has obtained affiliation from the University for the year 1986-87. This College was also affiliated with U. P. Board and thereafter with Rajasthan Board like the petitioner's college. According to the inspection report dated 14-1-1986, there were several deficiencies pointed out as per Annexure-51, which also showed that his financial status is also not very sound. The staff is not regularly paid. It was recommended as under "Here we feel that provisional affiliation for B. H. M. S. (1st Examination) may be waived for conducting direct degree course only subject to fulfil the minimum requirement for maintaining proper standard of education, regulation of C. C. H. with a sanction of Government Grant." Affiliation granted to the College at Jaipur has been extended for the First Year Examination, 1987, Second Year examination, 1988, third year examination 1989 and final examination 1990, of course subject to the fulfilment of the conditions mentioned overleaf, within four years. Jaipur College is the only homoeopathic college in the State of Rajasthan affiliated with the University for B. H. M. S. for direct degree course and therefore, the Principal, Dr. Girendra Pal is interested in seeing that affiliation is not granted to any other college in Rajasthan. The petitioners have also reproduced in the writ petition observations of the Medical and Health Minister, Government of Rajasthan, after due enquiry about the complaints made against the petitioner College which are in favour of the petitioner College and against the Jaipur College and its Principal Dr. Girendra Pal. On the recommendations of Dr. P. L. Verma, University directed the petitioner to make up the deficiency pointed out by him and in pursuance thereof the petitioner College removed the deficiencies and reported to the University vide letter dated 23-1-1988. Girendra Pal. On the recommendations of Dr. P. L. Verma, University directed the petitioner to make up the deficiency pointed out by him and in pursuance thereof the petitioner College removed the deficiencies and reported to the University vide letter dated 23-1-1988. Under the Act of 1973 and Medical Council Act, 1973 it is incumbent that a person cannot practise in Homoeopathy unless be obtains a Degree of B. H. M. S. affiliated by a University and therefore, it has become necessary to obtain affiliation from the University of Rajasthan otherwise, without recognition, the students will not be entitled to practise and since the University is not granting recognition in spite of the fact that the College has fulfilled all the conditions and removed all the deficiencies pointed out. Having failed in all its efforts, the present writ petition has been filed on 18-12-1989 praying for a direction to the University to give recognition for the purpose of affiliation for conduct of examination of B. H. M S. direct degree course in Homoeopathy to the petitioner College in pursuance of application dated 30-12-1986. The writ petition was admitted on i-12-1989 and it was ordered that provisional recognition be given to the petitioner college for B H. M. S. direct degree course but that order was not complied with and an application u/Article 226 (3) of the Constitution of India was filed for vacating the stay order. S B. Civil Contempt Petition No. 64/90 was also filed. N3tices were issued. Reply to the contempt petition has also been filed. Dr. Girendra Pal was impleaded as a party to the with petition by order dated 25-7-1990. Separate replies have been filed on behalf of the non petitioners. 4. University of Rajasthan in its reply has taken a preliminary objection that the writ petition is misconceived and not maintainable and this Court should not interfere for the purpose of recognition of a college by the University as it is for the Central Government to prescribe the minimum standards of education in Homoeopathy required for granting recognised medical qualification by the University. As per Section 15 (2) of the Act, no person other than a practitioner of homoeopathy possessing recognised medical qualification and enrolled on a State Register or the Central Register of Homoeopathy, can practise in any State and since the Central Council of Homoeopathy is not a party to the suit no relief can be granted and therefore, the writ petition should be dismissed. The petitioners have suppressed relevant and material facts and therefore, the petition deserves to be dismissed on this count only. No affiliation can be granted to the petitioner College unless it fulfils the requirements of Homoeopathy (Minimum Standards of Education) Regulations, 1983. It has been admitted in the reply that the application of the petitioner college for granting affiliation for B. H. M. S. Course was received through the Department of Medical and Health, Government of Rajasthan and the Central Council of Homoeopathy was requested to send clearance for starting B. H. M. S. degree course at the petitioner college. Central Council of Homoeopathy vide its letter dated 27-8-1987 (Anx. R-2) informed the University that the petitioner college does not meet the minimum requirements, norms and standards and therefore, affiliation should not be granted but it would have no objection if the college fulfilled the conditions and remove the deficiencies pointed out and the compliance report is furnished to the Central Council for verification. University informed the petitioner College vide letter dated 26-9-1987 to submit a compliance report directly to the Central Council under intimation to University. The application of the petitioner college for affiliation was placed before the Board of Inspection of the University for consideration in its meeting held on 17-6-1987 and it was decided by the Board that the inspection of the College be arranged shortly. It has of course been admitted in the reply that several changes were made in the personnel of the inspecting team for the reason that they were not available or were not willing. The dates of inspection were also changed and ultimately the inspecting team visited the college on 29-8-1989 and submitted their detailed report to the University and recommended as under : "Not recommended because the norms with regard to the building, staff and equipment, etc. are not as per the C. C. H. norms. The dates of inspection were also changed and ultimately the inspecting team visited the college on 29-8-1989 and submitted their detailed report to the University and recommended as under : "Not recommended because the norms with regard to the building, staff and equipment, etc. are not as per the C. C. H. norms. Not only this, there is no existence of really running an Indoor Hospital which is must for clinical teaching of students." After receipt of the aforesaid report of the University Inspectors, the matter was considered by the Board of Inspectors in its meeting held on 11-9-1989 and the Board resolved not to accept the affiliation as the College did not fulfil the norms laid down by the Central Council of Homoeopathy and the said recommendations of the Board of Inspection were considered and approved by the Syndicate of the University in its meeting held on 6-12-1989. The University has not formally denied about the letters written by the petitioner showing bias of one of the members of the inspecting team or as to what action was taken by the University. 5. A separate reply has been filed on behalf of Dr. Girendra Pal, Principal, Madan Pratap Khuntenta Rajasthan Homoeopathic Medical College in which it has been contended that the petitioners' college library and laboratory equipment is not sufficient and of the standard required for medical college. He has also submitted that the petitioner college has not fulfilled the conditions which were pointed out by the Central Council of Homoeopathy. In the reply, it has further been submitted by Dr. Girendra Pal that Dr. N. B. Singh was his close fellow but it has been denied that he is a close friend or that he had influenced him in getting an adverse inspection report. Other allegations in this regard have also been denied. It has further been asserted that the financial status of the petitioner College is not satisfactory and in support thereof has produced the balance sheet as on 31.3.1988. The staff is not paid adequate salary in time and is also not qualified. The petitioner does not fulfil even the minimum prescribed standard and therefore, it was right on the part of the University not to grant recognition and no interference should be made in writ jurisdiction in such matters. It has also been denied that Dr. The staff is not paid adequate salary in time and is also not qualified. The petitioner does not fulfil even the minimum prescribed standard and therefore, it was right on the part of the University not to grant recognition and no interference should be made in writ jurisdiction in such matters. It has also been denied that Dr. Girendra Pal exercised his influence at any stage with any authority, either the University or the Central Council. It has then been asserted that the Jaipur College is being run and managed by a registered society and has fulfilled all the obligations and fully complied with the standards which are necessary for recognition and therefore it was awarded recognition and not as a result of some concession or influence but on its own merit and that the Jaipur College is not making any profit or other financial gains but it imparting good education. It has further been asserted that the Minister's Note was ex-part e behind the back of the Jaipur College and has been managed by the petitioner. It has further been asserted that the recognition of Jaipur College is not in any way discriminatory as it had fulfilled and satisfied all the requirements whereas the petitioner college has not even completed the minimum standards required. 6. Learned counsel for the petitioners has submitted some further documents on 2.4.1992 showing that the State Government vide their letter dated 18.6.1991, keeping in mind the fact that the college had been continuously holding examination for the last twenty years and admissions having been given to the students, has drawn attention of the University to the order passed by this Court on 21.12.1989 and requested that temporary recognition may be given to the petitioner College for a fixed time and permanent recognition may be given only after all the conditions have been fulfilled. 7. Arguments have been heard. 8. I have perused the record of the case as also considered the various submissions made at the bar. It is an admitted fact that the petitioner college was established in the year 1972 and started a Four Years' Diploma Course in Homoeopathy Medicine and Surgery and was also affiliated to the Board of Homoeopathic Medicine, U. P. and continued as such till 1977, as there was no authority or institution in Rajasthan conducting these examinations. It is an admitted fact that the petitioner college was established in the year 1972 and started a Four Years' Diploma Course in Homoeopathy Medicine and Surgery and was also affiliated to the Board of Homoeopathic Medicine, U. P. and continued as such till 1977, as there was no authority or institution in Rajasthan conducting these examinations. When the Rajasthan Homoeopathy Board started giving affiliation and recognition, the petitioner College applied to the Rajasthan Beard and it was given provisional recognition for the session 1976-77 for conduct of examination in the year 1977 which was extended till 1983. In the year 1984, the college was also recognised by the Rajasthan Board for affiliation for the education and examination of B.H.M.S. Degree Course and 18 months' course after passing D. H. M. S. which was duly prescribed by the Central Council of Homoeopathy. This recognition was further renewed from time to time and extended for the sessions 1984-15 and 1985-86. In the year 1986, Rajasthan Board also started giving recognition for affiliation for conduct of education and examination in regular degree course B.H.M.S. (direct degree course of 52 years) as prescribed by the Central Council. The College applied for the same and received recognition for the year 1986 and the same was extended for the session 1986-87 and 1987-88 with the direction to get affiliation from the University of Rajasthan for the session 1988-89 and onwards. The College was also given extension in recognition for BHMS Direct Degree Course as also B.H.M.S. Graded Degree Course up to the session 1988-89 by the Rajasthan Board which was further extended for the session 1989-90. Meanwhile, the petitioner had applied to the University on 30th December, 1986 for recognition. University constituted a Committee for inspection which was ultimately done by the Committee of which Dr. N.B. Singh was also a member. The petitioners have disclosed in the writ petition that it objected to the inclusion of Dr. N.B. Singh on the ground of bias. I do not propose to go into the question whether Dr. N.B. Singh had a bias or whether he should have been changed and whether inspection report submitted by the Committee of which Dr. N.B. Singh was also a Member, should be given effect to and considered by the University. The petitioner College is an aided institution receiving financial aid by the Central Government as well. N.B. Singh had a bias or whether he should have been changed and whether inspection report submitted by the Committee of which Dr. N.B. Singh was also a Member, should be given effect to and considered by the University. The petitioner College is an aided institution receiving financial aid by the Central Government as well. I do not propose to discuss either whether the conditions required by the Central Board have been fulfilled or not by the petitioner college or regarding the financial status of the petitioner college. Another inspection of the college was also held on 10.1.1986 by four members nominated by the Rajasthan Board which had recommended for provisional permission to the college for conducting direct degree course in B.H.M.S. and therefore, it was given provisional recognition and affiliation for conducting direct degree course of B.H.M.S. which was extended from time to time. This Court also on 21.12.1989 had passed the following order- " vizkFkhZx.k dks LFkxu izkFkZuk i= ds uksfVl tkjh fd;s tkosA vizkFkhXk.k dks pkfg;s fd os izkFkhZ dks B.H.M.S. Direct Degree Course gsrq Provisional Recognition fn;k tk;sA " Since then, the writ petition as well as the stay application are pending for final disposal and the stay order has not been modified so far. The College has also admitted students in pursuance of the said order, who are studying in the college and if the provisional recognition is withdrawn, the students shall suffer irreparable loss and their many years of studies will go waste and in these days when there is great dearth of medical facilities through out the country and more particularly in Rajasthan, it will not be in the interest of justice to waste valuable years of study of those incoming doctors who can do a little bit and provide medical facilities by homoeopathic system which is not only cheeper but also sometimes very effective and also cures diseases which are incurable by allopathy. It is also true that education should be given by the College which is fully equipped and all the conditions necessary and imposed by the Central Council and the University must be fulfilled. The petitioner College has of course claimed that it has fulfilled all the prescribed conditions. This court cannot go into this question. It is also true that education should be given by the College which is fully equipped and all the conditions necessary and imposed by the Central Council and the University must be fulfilled. The petitioner College has of course claimed that it has fulfilled all the prescribed conditions. This court cannot go into this question. It will be for the University to decide this matter in accordance with the procedure laid down and therefore, I am of the opinion that the writ petition deserves to be partly allowed. 9. In the result, this writ petition is partly allowed and keeping in mind the letter of the State Government, dated 18.6.1991, the respondents are directed to grant provisional recognition to the petitioner College for the purpose of affiliation for conduct of education and examination of B.H.M S. Direct Degree Course in Homoeopathy for a period of one year. The order already passed by this Court on 21.12.1989 shall be deemed to have been extended for further period of one year from today. Meanwhile, the University of Rajasthan should deal with the application for permanent recognition in accordance with law. It will be proper for the University to have a fresh inspection conducted and see as to whether the petitioner College has fulfilled all the prescribed conditions or not. It the petitioner college still fails to do so, it shall be given an opportunity to complete them within a fixed period and then only permanent recognition may be granted in accordance with the Rules and procedure of the University. 10. No order as to costs.Writ Petition partly allowed. *******