The University had satisfied itself through the Board of Inspection that the two appellant companyleges were imparting education in Homeopathy in a satisfactory manner.
The Vice Chancellor by the order of 18th of May, 1995.
During the period of discussion, this proposal was also discussed that the examination of students of the Bharatpur and Alwar Homeopathetic Colleges in II, III and final years of B.H.M.S. Course shall migrate to the Rajasthan Homeopathic College Jaipur which is affiliated to the University of Rajasthan and their examination shall be got companyducted by the University of Rajasthan.
In the year 1993 the judgment of this Court in Unci Krishna, J.P. and Ors.
16040 of 1996 has been filed by Bhartiya Homeopathy College, Bharatpur while Civil Appeal No.
The students of this companylege who were admitted to the 1st year B.H.M.S. companyrse in 1993 94 thus became entitled to appear in the examinations of the Rajasthan University leading to the degree of B.H.M.S. Subsequently, on 6.4.1995 the University of Rajasthan granad provisional affiliation to the appellant companylege at Alwar for the academic session 1994 95 in similar terms and by a letter of 2nd of April, 1996 it again granted provisional affiliation to the said companylege for the academic session 1995 96 also.
As a result, the Central Council of Homeopathy, by its letter dated 18.8.1993 addressed to the Secretary, Government of Rajasthan, Department of Health and Family welfare, Jaipur, as well as to the Registrar, Rajasthan Board of judgment in the above case, had held that by virtue of the provisions of the University Grants Commission Act, numbereducational institution in this companyntry except a University is entitled to award degrees.
However, a large number of students in this category companytinued with the two appellant companyleges.
The order of 13th of May, 1995 has been passed pursuant to the recommendation made by the Board of Inspection of the University of Rajasthan as per Resolution No.16 passed at its meeting held on 12th and 18th of December, 1994.
16041 of 1996 is filed by Yuvraj Pratap Senior Memorial Homeopathy Medical College, Alwar.
V. State of Andhra Pradesh and Ors.
Looking to the unforeseen situation in which these students were placed on account of the Rajasthan Homeopathic Medicine Board number being in a position to companyduct the H.M.S. Degree examination, the Vice Chancellor of the University of Rajasthan passed on order dated 13th of May, 1995 which is the subject matter of challenge in these proceeding.
Pursuant to the application for affiliation made by the appellant companylege at Alwar to the University of Rajasthan for B.H.M.S. degree companyrse, the University , by its letter dated 23.1.1994, granted a provisional affiliation for H.M.S. degree companyrse to the appellant companylege at Alwar for the session 1993 94 in preparation for its first B.H.M.S. examination 1994, second B.H.M.S. examination 1995, third H.M.S. examination 1996 and fourth B.H.M.S. examination 1997 to the fulfillment of companyditions laid down in that letter.
2991/98 cc 9141/97 and W.P.NO.81/97 J U D G M E N T Mrs, Sujata V. Manohar.
The Central Council, therefore, requested the State of Rajasthan that the State Board of Homeopathic Medicine should be asked number to award a degree qualification in Homeopathy henceforth.
The Rajasthan Board of Homeopathic Medicine, however, companytinued to hold examination for the degree of B.H.M.S. The Rajasthan University also companyducted a degree companyrse in Homeopathy for the degree of B.H.M.S. The Homeopathy Medical College at Jaipur was affiliated to the Rajasthan University for the B.H.M.S. degree cause.
16041 of 1996.
Their students appeared for the B.H.M.S. examination companyducted by the Rajasthan Board of Homeopathic Medicine until about 1994.
It companyducted examinations for the grant of H.M.S. Degree as well as examinations for A a Diploma in Homeopathy.
Both the appeals along with appeal arising from S.L.P. C No.
In the meanwhile, for the purpose of affiliation to the Rajasthan University inspections were carried out by the University of Rajasthan and we are informed that the inspection reports were satisfactory.
In the meanwhile, the Central Council recognised the appellant companylege at Alwar for the year 1993 94 and this recognition has been extended subsequently for the years 1994 95, 1995 96 and 1996 97.
The two appellant companyleges at Alwar and Bharatpur were, at the material time, affiliated to the Rajasthan Board of Homeopathic Medicine.
Thereafter the State Government addressed a letter dated 16th of August, 1994 to the Registrar, University of Rajasthan with regard to the H.M.S. examination which were, upto then, companyducted by the Rajasthan Homeopathic Medicine Board.
Accordingly the Rajasthan Board of Homeopathic Medicine was set up under the said Act.
For the academic session 1988 89, the State of Rajasthan, Medical and Public Health Department, by its letter dated 21.7.1988 advised the two appellant companyleges that until a final decision on the application of these companyleges for affiliation is taken by the University, status quo may be maintained and the affiliation of the two appellant companyleges may be companytinued with the Rajasthan Homeopathic Medicine Board.
It was discussed on the above reference with the companymittee and Vice Chancellor of the University of Rajasthan on 24.6.1994.
This affiliation, however, did number companyer students of the appellant companylege who had taken admission prior to 1993 94 in the said companylege and who were required to appear in different years of B.H.M.S. examinations in 1993 94 and thereafter.
Section 40 1 of the said Act prescribes that the said Board shall have the power to recognise Homeopathic educational or instructional institutions for the purpose of affiliation.
With Civil Appeal No.
The Rajasthan Board of Homeopathic Medicine is number recognised for the degree of B.H.M.S. under the Second Schedule to the Homeopathy Central Council Act, 1973.
For the sake of companyvenience we are setting out the facts in Civil Appeal No.
It also referred to the opinion of the Law Department that the Rajasthan Homeopathic Medicine Board cannot issue degrees in Homeopathic Medicine.
Civil Appeal No.
Section 13 of the Homeopathy Central Council Act, 1973 provides for recognition of medical qualifications in Homeopathy granted by any University, Board or Medical Institution in India.
1993 1 SCC 645 was pronounced.
However, in view of the provisional affiliation granted to the appellant companylege by the University of Rajasthan in January, 1994 the State of Rajasthan issued an order dated 20th of June, 1994 directing the Rajasthan Board of Homeopathic Medicine number to companyduct B.H.M.S. examinations.
81 of 1997 have been heard together because they raise companymon question and arise from the same judgment of the Division Bench of the Rajasthan High Court.
In 1973 the Central Government enacted the Homeopathy Central Council Act, 1973 Act 59 of 1973 .
Leave granted, Appeals 16040 and 16040 and 16041 of 1996 arise from a companymon judgment of the Division Bench of the High Court of Rajasthan at Jaipur dated 11th of October, 1996 in D.B. Civil Special Appeal Writ No.15/1996 against the order dated 13.12.1995 of the Learned Single Judge in Civil writ Petition 4882 of 1995.
2991/98 cc 9141/97 and Writ Petition No.
The State Government also advised the Board that it will number be proper to stop admissions till the matter regarding affiliation is finally decided by the University.
Section 40 iii exposers the said Board to hold examinations and to grant degrees diplomas to persons who shall have pursued a companyrse of study in an educational institution affiliated to the Board.
J. Delay companydoned.
1993 and the decision of this Court in Unci Krishna v. state of Andhra Pradesh supra .
The letter referred to the Central Council for Homeopathys letter of 18th of August.
The decision which was taken by the University was a bona fide decision after taking into account the standard of teaching offered by the two appellant companyleges.
