Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 1719 (JHR)

Singhbhum Homeopathic Medical College & Hospital, Jamshedpur through its Acting Principal v. Union of India through Secretary, Ministry of Health and Family Welfare, Department of AYUSH IRCS Annexe, New Delhi

2017-10-04

AMITAV K.GUPTA, D.N.PATEL

body2017
JUDGMENT : D.N. PATEL, J. This letters patent appeal has been preferred by the original petitioner (Singhbhum Homeopathic Medical College & Hospital, Jamshedpur), being aggrieved and dissatisfied with the order passed in I.A. No. 7898 of 2016 in W.P.(C) No. 2527 of 2016. 2. Learned counsel for the appellant has submitted that I.A. No. 7898 of 2016 had been preferred mainly for the reasons that the students of this appellant - Singhbhum Homeopathic Medical College & Hospital, Jamshedpur, were transferred to Mihijam Homeopathic Medical College in the district of Jamtara as well as the letter dated 19.01.2016, issued by the Central Council for Homeopathy to the respondent - University for transfer of students, should be quashed and orders passed by the respondent - Vinoba Bhave University, Hazaribagh, for suspension of affiliation, should be quashed. 3. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that this appellant is running a Homeopathic Medical College & Hospital at Jamshedpur. Central Council for Homeopathy has carried out inspection for more than one occasion and the latest report is being annexed at Annexure - 7 to this memo of appeal, which is dated 05.11.2015, in which several irregularities and deficiencies have been found out, and hence, recognition of this appellant, Homeopathic Medical College & Hospital, Jamshedpur, has been withdrawn. 4. It further appears that because of the withdrawal of the recognition, the students, who were studying in the said Homeopathic College and Hospital at Jamshedpur, cannot now appear in the examination. Hence, Central Council for Homeopathy, New Delhi, had written letter to the respondent - Vinoba Bhave University, Hazaribagh, that the students studying in this college at Jamshepur, should be shifted to any other Homeopathic College, which is duly recognized and having legal affiliation. 5. Hence, the respondent - University has written letters, upon the request of the students, to transfer them to Mihijam Homeopathic College in the district of Jamtara. This Mihijam Homeopathic College in the district of Jamtara is having recognition as well as affiliation. 6. 5. Hence, the respondent - University has written letters, upon the request of the students, to transfer them to Mihijam Homeopathic College in the district of Jamtara. This Mihijam Homeopathic College in the district of Jamtara is having recognition as well as affiliation. 6. It further appears from the facts of the case that no irregularity has been committed by the respondent - University in writing letters for transfer of students as well as to admit the students at Mihijam Homeopathic College at Jamtara without college leaving certificate because this appellant is not giving college leaving certificate to its own students. 7. Thus, it appears that this appellant is not fulfilling the bare minimum criteria prescribed by the Central Council for Homeopathy, New Delhi for continuation of the recognition for its Homeopathic Medical College and Hospital. 8. It further appears from the facts of the case that the respondent - Vinoba Bhave University, Hazaribagh, has also suspended affiliation of this appellant - Homeopathic Medical College & Hospital, Jamshedpur. 9. Thus, this appellant is neither having recognition from the Central Council for Homeopathy, New Delhi, nor this appellant is having valid affiliation for Homeopathic Medical College & Hospital at Jamshedpur. 10. In this set of circumstances, no error has been committed by the learned Single Judge while dismissing the interlocutory application preferred by this appellant being I.A. No. 4781 of 2016 in W.P.(C) No. 2527 of 2016. We see no reason to take any other view than what has been taken by the learned Single Judge. 11. Thus, there is no substance in this Letters Patent Appeal and the same is, hereby, dismissed with a cost of Rs. 50,000/- (Rupees fifty thousand), to be deposited by this appellant within four weeks from today with the Advocates Association Welfare and Development Fund Jharkhand High Court, Ranchi. 12. Registrar General of this Court is directed to send a copy of this order to the President and Secretary of the Advocates' Association, Jharkhand High Court, Ranchi.