THE TEMPLE OF HANEMANN HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL versus UNION OF INDIA & ORS.

Citation: [2018] 10 S.C.R. 1 · Decided: 17-07-2018 · Supreme Court of India · Bench: ARUN MISHRA, S. ABDUL NAZEER · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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THE TEMPLE OF HANEMANN HOMOEOPATHIC
MEDICAL COLLEGE AND HOSPITAL
v.
UNION OF INDIA & ORS.
(Civil Appeal No. 6734 of 2018)
JULY 17, 2018
[ARUN MISHRA AND S. ABDUL NAZEER, JJ.]
Homoeopathy Central Council Act, 1973:
ss.17 and 18 – Power to appoint team of Medical Inspectors
for the purpose of inspection of colleges etc. – Whether it is with
the Central Government or with the Central Council of Homoeopathy
– High Court in the impugned judgment held that in view of
Regulation 3(5) of Homoeopathy Central Council (Minimum
Standards Requirement of  Homoeopathy Colleges and Attached
Hospitals) Regulations, 2013, Central Government has the power
to appoint a team of Inspectors – On appeal, held: It is only the
Central Council which is empowered to appoint a team of Inspectors
u/s. 17 and Visitors for the examination u/s. 18 for making
recommendation to the Central Government on the basis of report
submitted by the team of Inspectors or Visitors as envisaged under
ss. 17 and 18 – Role of Central Government is only supervisory
and not to start an investigation by making the appointment of a
team of Inspectors as that is not envisaged in the Act – Regulation
3(5) envisages random checks to be ordered on receipt of a complaint
or otherwise as deemed necessary either by the Central Government
or by the Central Council – It does not deal with the aspect who will
appoint a team of Inspectors for the purpose of inspection to be
carried out – Regulation 3(5) has to be harmoniously interpreted
with the provisions of s. 17 – Section 17 is not capable of
interpretation empowering the Central Government to appoint a
team of Inspectors – Any other interpretation would be against
legislative mandate – Regulations have to be subservient to the
provisions of the Act – Appeals allowed –  Homoeopathy Central
Council (Minimum Standards Requirement of Homoeopathy Colleges
and Attached Hospitals) Regulations, 2013 – Regn. 3(5).
 [2018] 10 S.C.R. 1
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SUPREME COURT REPORTS
[2018] 10 S.C.R.
CIVIL APPELLATE JURISDICTION :  Civil Appeal No. 6734
of 2018.
From the Judgment and Order dated 13.03.2018 of the High Court
of Judicature at Patna in Letter Patent Appeal No.1801 of 2017
WITH
Civil Appeal Nos. 6739, 6737, 6736, 6735, 6738 and 6740 of 2018.
A. Mariarputham, Sr. Adv., Yusuf Khan, Akshay C. Shrivastava,
K.V. Muthu Kumar, Ms. Sarvshree, Ms. Niranjana Singh,
R. Balasubramanian, S.S. Rizvi,  Ms. Aarti Sharma, Prabhas Bajaj,
Ms. Abha R. Sharma, D.S. Parmar, M. Abdullah, Sunil Narula,
D.P. Chaturvedi, S.N. Bhat, Advs. for the appearing parties.
The following Order of the Court was passed:
        O R D E R
1. Leave granted.
2. The question involved is with respect to the power of the Central
Government to appoint a team of Medical Inspectors for the purpose of
inspection of colleges etc. or it is within the power of the Central Council
of Homoeopathy (CCH) to appoint a team of Inspectors.
3. In order to decide the aforesaid question, we have to consider
the ambit of the powers under the relevant statute the Homoeopathy
Central Council Act, 1973 (in short referred to as ‘the Act’) provides for
constitution of Central Council of Homeopathy and the functions of Central
Council of Homeopathy and other matters connected therewith. The
constitution of Central Council has been provided under Section 3 of the
said Act. Central Council is a body corporate under Section 6 of the Act.
It has its President and Vice-President and Members and their term is
provided under Section 7 of the Act.  There are various Committees as
provided under the Act to be formed by the Central Council for the
discharge of the functions enjoined upon it.
4. Section 12A in Chapter II A of the Act of 1973, provides for the
grant of permission for establishment of new medical institution, new
courses of study, etc.  Permission of Central Government is required to
be obtained in accordance with the provisions contained in Section 12 of
the Act.  Explanation 2 of Section 12A (1) provides that the admission
capacity in relation to any course of study or training (including post-
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graduate course of study or training) in a medical institution means the
maximum number of students as may be decided by the “Central Council”
from time to time for being admitted to such course or training.
5. It is also provided in Section 12A (2)(a) that if any scheme is
placed before the Central Government in accordance with the provisions
of clause (b) of su

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