Karnataka HC Quashes Appointment of NCH Chairperson Dr Anil Khurana

The Karnataka High Court recently quashed the appointment of Dr. Anil Khurana as Chairperson of the National Commission for Homoeopathy (NCH), directing the central government to make a fresh appointment as per the provisions of the NCH Act.

In its judgment on January 10, 2024, the court stated that Dr. Khurana did not possess the requisite 10 years of experience as head of a homoeopathy department or organization, as mandated by the NCH Act. Instead, he only had 4 years of relevant experience.

The court heavily criticized the Search Committee and Ministry of Ayush for appointing someone who did not meet the eligibility criteria laid out in the Act. It observed that the appointment was made arbitrarily, without due application of mind.

The court quashed his appointment, terming it illegal and contrary to the statute. It directed the central government to initiate fresh steps to appoint an eligible candidate as NCH Chairperson strictly as per the selection process outlined in the NCH Act.

This judgment is significant as it upholds the sanctity of statutory provisions for appointment to high offices. The court made it clear that eligibility criteria prescribed by law cannot be circumvented or overlooked by the government for political or other considerations.

The ruling acts as a check on arbitrary appointments made without due regard to the law of the land. It is a noteworthy affirmation of judicial review powers to maintain rule of law and good governance standards in public institutions.

Dr Amaragouda L. Patil from Bangalore filed the case. Advocate Vijay Kumar appeared for the petitioner. Honourable Mr Justice NS Sanjay Gowda issued the judgment

Download the judgement

The Government of India dissolved the Central Council of Homeopathy and formed the National Homeopathy Commission on 05.07.2021, whose main objective was to improve the standards of Homeopathic education, but the Government of India appointed such a person to the responsible post of Chairperson in the National Homeopathy Commission. He did not fulfill the qualifications given in the Homeopathy Act and other eligible candidates were sidelined. Under his chairpersonship, NCH is a subsidiary office of CCRH. He has no background or experience in the homeopathic education sector. Simply diluting the norms for the sake of CCRH people

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