Dismissed

Anup Kumar Singh And Ors. v. Union Of India Through Secretary Ministry Of Health And Family Welfare And Ors.

Jharkhand HC17 Jun 2019WPC/1596/2016

Case brief

AI extract

What is this about?

This common order disposed of two writ petitions challenging the cancellation of recognition for Singhbhum Homeopathic Medical College and the subsequent transfer of students. The court upheld the statutory authority's decision based on non-compliance with eligibility criteria.

What did the court decide?

Writ petitions dismissed; authority decision not interfered with.

Anup Kumar Singh And Ors. Vs Union Of India… — Education and Admissions | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1596 of 2016

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Anup Kumar Singh, son of Sri Nageshwar Singh, resident of Singhbhum Homeopathic Medical College & Hospital, Boys Hostel, P.O. & P.S.-Kasidih, Town-Jamshedpur, District-East Singhbhum.

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Khushboo, daughter of Sri Behay Prasadh, resident of Girls Hostel, Singhbhum Homeopathic Medical College & Hospital, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum.

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Dhananjay Kumar Pandey, son of Sri Arjun Pandey, resident of Singhbhum Homeopathic Medical College & Hospital, Boys Hostel, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum.

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Vivek Kumar, son of Sri Dinesh Dubey, resident of Singhbhum Homeopathic Medical College & Hospital, Boys Hostel, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum.

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Rajeev Kumar Prajapati, son of Sri Raj Kumar Prajapati, resident of Kashidih, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum. 6. Sanjay Kumar Rupasnshu, son of Sri Baijnath Mandal, resident of Kasidih, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum. 7. Sourav Das, Son of Sri Subhasish Das, resident of Aastha Vijay, Kadma, P.O. & P.S.-Kadma, Town-Jamshedpur, District-East Singhbhum.

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Ravina Rawat, daughter of M.S. Rawat, resident of Girls Hostel, Singhbhum Homeopathic Medical College & Hospital, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum.

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Ruchika Kumari, son of Sri Yogendra Mahto, resident of Girls Hostel, Singhbhum Homeopathic Medical College & Hospital, P.O. & P.S.-Kasidih, Town Jamshepdur, District-East Singhbhum. 10. Pallabi Mandal, daughter of Sri Swapan Mandal, resident of Girls Hostel, Singhbhum Homeopathic Medical College & Hospital, P.O. & P.S.Kasidih, Town Jamshepdur, District-East Singhbhum.

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…… Petitioners

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Versus

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Union of India through Secretary, Ministry of Health and Family Welfare, Department of Ayush IRCS Annexe Building, Red Cross Road, New Delhi-110001.

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Director, AYUSH (Homeopathy), Health and Family Welfare,

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Department of Ayush IRCS Annexe Building, Red Cross Road, New Delhi110001.

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Central Council for Homeopathy through its Secretary, Jawahal Lal Nehru Bhartiya Chikitsa Avum Homeopathy Anusandhan Bhavan, No.6165, Institutional Area, Opp. D-Block, Janakpuri, New Delhi-110058.

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The State of Jharkhand, through its Secretary, Medical Education, Dhurwa, Ranchi.

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Deputy Commissioner, Singhbhum East, P.O. & P.S. Bistupur, Jamshedpur.

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Vinoba Bhave University, though its Registrar, having its office at Hazaribagh, P.O. & P.S. Hazaribagh, Jharkhand.

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Singhbhum Homeopathic Medical College & Hospital, P.O. & P.S. Bistupur, Jamshedpur through its Secretary, having its place of sitting at the same place.

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Mihijam Homeopathic Medical college, P.O. & P.s. Mihijam, Hazaribagh, through its Principal, having place of sitting at the same place.

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…… Respondents

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WITH

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W.P.(C) No.2527 of 2016

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Singhbhum Homeopathic Medical College & Hospital, Jamshedpur through its Acting Principal, Dr. Kanti Sunder Chai, S/o Late P.N. Chai, resident of Line No.5, Holding No.109, P.O. & P.S.-Sakchi, Town-Jamshedpur, DistrictEast Singhbhum.

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…. …. …. Petitioner

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Versus

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Union of India through Secretary, Ministry of Health and Family Welfare, Department of Ayush IRCS Annexe Building, Red Cross Road, New Delhi-110001.

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Director, AYUSH (Homeopathy), Health and Family Welfare, Department of Ayush IRCS Annexe Building, Red Cross Road, New Delhi110001.

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Central Council for Homeopathy through its Secretary, Jawahal Lal Nehru Bhartiya Chikitsa Avum Homeopathy Anusandhan Bhavan, No.6165, Institutional Area, Opp. D-Block, Janakpuri, New Delhi-110058.

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The State of Jharkhand, through its Secretary, Medical Education,

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Dhurwa, Ranchi.

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Deputy Commissioner, Singhbhum East, Jamshedpur.

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Vinoba Bhave University, through its Registrar, having its office at Hazaribagh, Jharkhand.

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Mihijam Homeopathic Medical College & Hospital, Mihijam, through its Secretary/Principal, having its place of sitting at the same place.

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…… Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioners : Mr. Nitin Kr. Pasari, Advocate For the Resp. No.3(CCH): Mr. Amit Kumar, Advocate For the State : Mr. Abhay Prakash, AC to AAG For the University : Dr. Ashok Kr. Singh, Advocate ----------------------------

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08 / Dated 17th June, 2019

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Both the writ petitions have been listed together for their hearing and accordingly the matter have been head and are being disposed of by this common order/judgment.

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It is evident from the pleadings made in the writ petitions that the writ petition being W.P.(C) No.1596 of 2016 has been preferred by the students studying in the Singhbhum Homeopathic Medical College while the another writ petition has been filed by the concerned medical college i.e., Singhbhum Homeopathic Medical College.

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Both the writ petitions have been filed under Article 226 of the Constitution of India whereby and whereunder the decision of the respondent authorities in transferring the students of Singhbhum Homeopathic Medical College to the Mihijam Homeopathic Medical College (respondent No.8) which has been granted amnesty, only in the year 2014-15 and also for quashing the letter datd 19.01.2016 which is directly in conflict with the statutory provisions as contained in the Act of 1973.

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It has been submitted by Mr. Nitin Kr. Pasari, learned counsel that sometime in the year 2017, the petitioners have taken no objection from him as such he has got no instruction.

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Dr. Ashok Kr. Singh, learned counsel appearing for both the Universities, Mr. Amit Kumar, learned counsel appearing for Central Council for Homeopathy and Mr. Abhay Prakash, learned AC to AAG have jointly submitted that the college in question since was not fulfilling the required eligibility criteria as laid down by the Central Council for Homeopathy under the provision of the Homeopathy Council Act, 1973, which was found in the inspection of the aforesaid college upon which it was found by the competent authority that there is lack of infrastructure and the other eligibility requirement therefore, recommendation was made to cancel the recognition.

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The Council has also recommended for transfer of the students studying in the said college to other college/institute looking to their future.

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In this backdrop of the factual aspect it has been submitted that an institution, if, established and found to be not fulfilling the eligibility criteria as required under the statute, will not be allowed to carry out the educational work and therefore, since the recommendation has been made for closure of the aforesaid institution and keeping the interest of the students, they have been transferred to other college, hence, the action taken by the authority cannot be said to suffer from any infirmity.

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Having heard the learned counsel for the parties and looking to the factual aspect by going across the pleadings made in the writ petitions as also the affidavits, it is evident from the counter affidavit filed on behalf of the Central Council for Homeopathy which is the statutory and nodal body to accord recognition to such institutions wherefrom it is evident that the institution in question is not fulfilling the required parameters fixed therein and therefore, the recommendation to cancel the recognition has been made and in consequence thereof, the students who have been admitted have been directed to be shifted to other institution looking to their future.

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In view of such fact that when in a statutory provision has certain

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conditions, it is incumbent upon one or the other institution to strictly follow the same otherwise there will be no purpose of the enactment.

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This Court after keeping the aforesaid aspect of the matter into consideration is of the view that the authority in taking such decision has not committed any error/infirmity.

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In view thereof, this Court is not inclined to interfere with the decision taken by the authority, hence, both the writ petitions fails and are dismissed.

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(Sujit Narayan Prasad, J.)

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Saurabh

Anup Kumar Singh And Ors. v. Union Of India Through Secretary Ministry Of Health And Family Welfare And Ors.

Case brief

What is this about?

What did the court decide?

Anup Kumar Singh And Ors. v. Union Of India Through Secretary Ministry Of Health And Family Welfare And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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