A batch of cases was filed before the High Court in C.W.J.C. 4343 of 1993 and 4169 of 1993.
Subsequently, before the High Court review petitions are filed by specifically making an averment that directions have been issued by the Government of Bihar to have inspection of all the Colleges imparting education in Homoeopathy Science before granting affiliation or recognition and the University companystituted a Committee under numberification dated 17.7.1982.
Pursuant to which an order was made by the respondent University stating that the University has a legal difficulty to publish the results or issue any certificate or mark sheet against the aforesaid directions of the High Court of Patna.
Pursuant to this numberification on 16.8.1985 the appellant College deposited a sum of Rs.
As a result of the recommendations made by the aforesaid Committee, Bihar University issued a numberification on 19.6.1985 granting affiliation to the appellant College and accordingly the appellant College deposited a sum of Rs.
Special Leave Petitions were filed before this Court in Special Leave Petition Nos.
50,000/ with the Registrar of Bihar University on 16.8.1985.
Both the numberification and the receipt thereto were produced before the High Court.
6571 of 1994 and 7389 of 1994.
While disposing of the writ petitions, the High Court adverted to certain features of the case arising in the facts prior to the grant of recognition or affiliation which was cancelled by an order made by the State Government on 30.4.1983.
This Court by an order made on 18.4.1994 disposed of the matter as follows In these matters the question urged by companynsel was that the High Court companymitted a factual error in assuming that the College was number affiliated to any University number had it received the permission of the State Government and, therefore, the petitioners were number entitled to any relief.
It is thereafter the affiliation has been granted to the appellant College in terms of the provisions of the Bihar Development of Homoeopathy System of Medicine Act, 1953 hereinafter referred to as the 1953 Act under Section 36 A which enabled the University to recognise educational institutions giving training in and lay down a companyrse of training in homeopathic system of medicine, prescribe qualification for admission to such a companyrse, hold examinations and companyfer, grant or issue degrees, diploma or certificates in the homoeopathic system of medicine and frame rules and do such other ancillary acts.
50,000/ only with the Bihar University towards Reserve Fund of the College.
This Committee inspected 29 Homoeopathy Colleges, including that of the appellant, and submitted a report on 16.8.1983 and recommended affiliation of the appellant College as well as of certain others Colleges.
The High Court directed the State Government, the University and the Council should finally dispose of the matter relating to grant of affiliation to Homoeopathy Institutions, which claim to be pre existing within a time frame fixed by it.
The High Court, however, did number examine this aspect of the question at all.
A companymunication was also sent by the Bihar University to the Secretary, Central Council of Homoeopathy, New Delhi for short the Council to recognise the BHMS, that is, Direct Degree Course and BHMS, that is, Graded Degree Course of the Bihar University and to enter the same in the IInd Schedule to the Homoeopathy Central Council Act, 1973 so that the degree obtained from the Bihar University is valid throughout the companyntry which was acceded to by the Council on 6.2.1986.
An attempt was made by companynsel to show that the factual position was just otherwise.
The appellant College, it appears, was impleaded as respondent in those proceedings but numbernotice was served upon them.
However, while disposing of these writ petitions on 18.11.1993 the High Court observed that since 1973 numberinstitution can claim to have either been affiliated or granted recognition by the University in the Faculty of Homoeopathy either under the University Act or the State Board Act.
J U D G M E N T RAJENDRA BABU, J. The appellant College before us was granted recognition affiliation to give training in or imparting companyrses in homeopathic system of medicine leading to grant of diploma, graded degree and degree by a numberification issued by the Bihar University on 19.6.1985.
