Crucial historic judgments by the Hon’ble Supreme Court removed the cloud of confusion prevailing over the past many years about the role of AYUSH Ministry and the Central council of Homoeopathy.
In a historic judgments made by the Hon’ble Supreme Court in Case No. SLP(C) No. 11755/2018 – THE TEMPLE OF HANEMANN HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL(2)SLPC (c) 11753 /2018 Mangla kamla HMC (3) SLPC (c) 11754/2018 KNH HMC(4)SLPC (c) 11756/2018 Dr YS HMC (5)SLPC (c) 11757/2018 BNM HMC (6)SLPC(c)11759/2018 Dr RBS Gaya HMC Vs. UNION OF INDIA and ORS has finally clarified that *
(1)Central Govt has no power to conduct inspection, has(2) no power to appoint inspectors and visitors, (3)can’t take decision without recommendation of CCH and even for random checks Central Govt will have to request CCH for appointment of inspectors and conducting of inspections and Central Govt will have to take decision on recommendation of CCH*
It now becomes clear that Central council of Homoeopathy being the technical body is only authority to take appropriate decision regarding the educational and infrastructural matter of the Homoeopathic colleges.
Earlier CCH had conduct the inspection and recommended on the basis of merit and demerits observed in the inspection report which taken as doubtful by the AYUSH Ministry and went beyond its jurisdiction to conduct inspection of its own. AYUSH Ministry also overlooked regulations and took unilateral decision.
This created unrest among the Homoeopathic College all over the country and moved to different High Courts where they got relief.
In all the courts it was observed that the action of AYUSH ministry was not appropriate and they should act on the recommendation of the CCH only.
Supreme Court judgments also justify the action of CCH was quite in accordance with the regulations
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