Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Homoeopathy Central Council Act 1973: ss.17 and 18 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Homoeopathy Central Council Act, 1973:ss.17 and 18 – Power to appoint team of Medical Inspectorsfor the purpose of inspection of colleges etc. – Whether it is withthe Central Government or with the Central Council of Homoeopathy– High Court in the impugned judgment held that in view ofRegulation 3(5) of Homoeopathy Central Council (MinimumStandards Requirement of Homoeopathy Colleges and AttachedHospitals) Regulations, 2013, Central Government has the powerto appoint a team of Inspectors – On appeal, held: It is only theCentral Council which is empowered to appoint a team of Inspectorsu/s. 17 and Visitors for the examination u/s. 18 for makingrecommendation to the Central Government on the basis of reportsubmitted by the team of Inspectors or Visitors as envisaged underss. 17 and 18 – Role of Central Government is only supervisoryand not to start an investigation by making the appointment of ateam of Inspectors as that is not envisaged in the Act – Regulation3(5) envisages random checks to be ordered on receipt of a complaintor otherwise as deemed necessary either by the Central Governmentor by the Central Council – It does not deal with the aspect who willappoint a team of Inspectors for the purpose of inspection to becarried out – Regulation 3(5) has to be harmoniously interpretedwith the provisions of s. 17 – Section 17 is not capable ofinterpretation empowering the Central Government to appoint ateam of Inspectors – Any other interpretation would be againstlegislative mandate – Regulations have to be subservient to theprovisions of the Act – Appeals allowed – Homoeopathy CentralCouncil (Minimum Standards Requirement of Homoeopathy Collegesand Attached Hospitals) Regulations, 2013 – Regn. 3(5). |
Judge | N/A |
Neutral Citation | 2018 INSC 615 |
Petitioner | The Temple Of Hanemann Homoeopathic Medical College And Hospital |
Respondent | Union Of India & Ors. |
SCR | [2018] 10 S.C.R. 1 |
Judgement Date | 2018-07-17 |
Case Number | 6734 |
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