The Temple of Hanemann Homoeopathic Medical College and Hospital vs Union of India & Ors.

Court

Supreme Court of India

Date

17 July 2018

Case No.

Civil Appeal No. 6734 of 2018

Result

Allowed

Bench

Arun Mishra, S. Abdul Nazeer

Citation

[2018] 10 S.C.R. 1 : 2018 INSC 615

Headnote

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).

The following Order of the Court was passed: ORDER 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

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