NDLI: Bhartiya Homoepathy College, Bharatpur Etc Vs. Students Council of Homoepathy Medical College, Jaipur and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	University of Rajasthan Act 22 1946 : Sections 4(2)(15) 13(4)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	University of Rajasthan Act, 1946 (10 of 1946)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	University of Rajasthan Act, 1946 : Sections 4(2) (15), 13(4), 22- Homeopathic Colleges conducting B.HMS. course-Affiliated to Rajasthan Board of Homeopathic Medicine-Not affiliated to University-State Governments proposal that all the colleges conducting the Course to be affiliated to the University-Applications for affiliation from 1987-88 session-Grant of provisional affiliation from 1993-94 onwards-State Government withholding the Board from conducting examination-Vice-Chancellor's order directing the University to conduct examinations for students admitted prior to 1993-94-order ratified by Syndicate-On challenge Single Judge of the High Court holding that the Students Council has no locus standi to file petition-However, Division Bench upholding the locus standi and setting aside the order of Vice-Chancellor-On appeal, held, Vice-Chancellor has • exercised the emergency power conferred upon him under the Act-University has power to hold examination and award degrees not only to persons who have passed a course of study in the University or affiliated colleges but also to persons not belonging to affiliated colleges but who passed the examination-Thus no illegality in the order passed by the Vice-Chancellor-Directions issued for allowing the students to complete their course and degrees be awarded to students qualified in the B.H.MS examination- Rajasthan Homeopathic Medicine Act, 1969-Homeopathy Central Council "l' Act, 1973-University Grants Commission Act, 1956. Constitution of India, I 950 : Articles 32 and 226-PIL-Maintainability of The appellants were Homeopathic Colleges affiliated to the Rajasthan Board of Homeopathic medicine. The said Board was recognised under the Homeopathy Central Council Act, 1973 for a Diploma in Homeopathic Medicine & Surgery (D.H.M.S.) but not for a degree in B.H.M.S. The Board however continued to hold examination for the degree in B.H.M.S. The State Government wrote to the Registrar of University of Rajasthan stating that it would be desirable if all the classes of B.H.M.S. are conducted through the University and all the Colleges conducting the said course get themselves f affiliated to the University. Pursuant to the said proposal, the appellant-Colleges applied for affiliation from 1987-1988 session. The State Government advised that till a final decision on the application was taken, status quo may be maintained. In the meantime, for the purpose of affiliation, inspections were carried out by the University and the inspection reports were satisfactory. This Court in Unni Krishnan case* had held that by virtue of the provisions of the University Grants Commission Act, no educational institution except a University was entitled to award degrees. The Central Council, therefore, requested the State to ask the Board not to award a degree in B.H.M.S. henceforth. In the meantime, pursuant to the application for affiliation made by the appellant-Colleges, the University granted provisional affiliation for the year 1993-94 which was extended subsequently for the years 1994-95, 1995-96 and 1996-97. The affiliation, however, did not cover the students who had taken admission prior to 1993-94 and were in the II, III and final year of the degree courses. ln view of the provisional affiliation, the State Government issued order directing the Board not to conduct B.H.M.S. examination. In order to protect the interest of the students who had taken admission prior to 1993-94, the Vice-Chancellor on the recommendation of Board of inspection allowed the University to conduct examinations of these students as per the existing syllabus. The said recommendations and order were ratified by the Syndicate at its meeting. The respondent-Students Council filed a PIL challenging the order of the Vice-Chancellor, which was dismissed by Single Judge of the High Court holding that the respondent had no locus standi to file the petition. However, on appeal, the Division Bench of the High Court while holding that the respondent had locus standi to file such a petition, set aside the order of the Vice-Chancellor. Hence the present appeal.
Judge	Hon'ble Ms. Justice Sujata V Manohar
Neutral Citation	1998 INSC 57
Petitioner	Bhartiya Homoepathy College, Bharatpur Etc
Respondent	Students Council Of Homoepathy Medical College, Jaipur And Ors.
SCR	[1998] 1 S.C.R. 531
Judgement Date	1998-02-03
Case Number	16040

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