Father Muller Homeopathic vs Union Of India
2021 Latest Caselaw 3817 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF NOVEMBER, 2021

                       PRESENT

         THE HON'BLE MR.JUSTICE ALOK ARADHE

                        AND

        THE HON'BLE MR. JUSTICE ANANT R HEGDE

     WRIT PETITION NO.50684/2018 (EDN-MED-ADM)

BETWEEN:

FATHER MULLER HOMEOPATHIC
MEDICAL COLLEGE AND HOSPITAL,
DERALAKATTE, MANGALURU - 575 018
REP. BY ITS PRINCIPAL,
DR. SHIVAPRASAD K,
S/O. LATE K RAMAPPA SUVARNA,
AGED ABOUT 56 YEARS                       ... PETITIONER

(BY SRI. ADIT HEMANT ADVOCATE FOR
    SRI. SHIVAPRASAD SHANTANAGOUDAR ., ADV.)

AND:

1.     UNION OF INDIA
       MINISTRY OF AYURVEDA,
       YOGA & NATUROPATHY,
       UNANI, SIDDA AND HOMEOPATHY
       (AYUSH) AYUSH BHAWAN, 'B' BLOCK,
       GPO COMPLEX, INA,
       NEW DELHI - 110 023
       REPRESENTED BY ITS SECRETARY.

2.     THE CENTRAL COUNCIL HOMEOPATHY
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     (SINCE SUPER-CEDED)
     INSTITUTIONAL AREA,
     JANAKPURI,
     NEW DELHI - 110 058
     REPRESENTED BY ITS
     BOARD OF GOVERNORS

3.   STATE OF KARNATAKA
     HEALTH AND FAMILY WELFARE
     DEPARTMENT, VIKASA SOUDHA,
     BENGALURU - 560 001
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY.

4.   RAJIV GANDHI UNIVERSITY
     OF HEALTH SCIENCES
     4TH T BLOCK JAYANAGAR
     BANGALORE - 560 041
     REPRESENTED BY ITS REGISTRAR.

5.    THE KARNATAKA EXAMINATION
      AUTHORITY, GOVT OF KARNATAKA,
      SAMPIGE ROAD, 18TH CROSS,
      MALLESHWARAM, BANGALORE - 560 012
                                      ... RESPONDENTS
(BY SRI. KUMAR M.N. CGSC FOR R1 AND 2
    SRI. LAXMINARAYANA AGA FOR R-3.
    SRI. ASHOK N. NAYAK ADV FOR R4
    SRI. K.M. PRAKASH ADV. FOR R-5)

  THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND
227 OF THE CONSTITUTION OF INDIIA PRAYING TO DECLARE
THAT R-1 HAS NO AUTHORITY TO DIRECT ADMISSIONS IN
PETITIONERS INSTITUTIONS, IMPARTING PG COURSES IN
HOMOEOPATHY, ONLY ON THE BASIS OF AIAPGET RANKING
AND; SAME IS ULTRA-VIRES THE OPERATING REGULATIONS
MADE UNDER STATUTES, AS ARBITRARY AND WITHOUT THE
AUTHORITY OF LAW AND ETC.,
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      THIS PETITION COMING ON FOR PRELIMINARY HEARING
- B GROUP THIS DAY, THIS DAY, ALOK ARADHE J., MADE THE
FOLLOWING:


                               ORDER

Shri Adit Hemanth, learned counsel for Shri

Shivaprasad Shanthanagoudar, learned counsel the

petitioner, Shri Kumar M.N., CGSC., for respondent Nos.1

and 2, Shri Laxminarayana, learned AGA., for respondent

No.3, Shri Ashok N. Nayak, learned counsel for respondent

No.4 and Shri k.M. Prakash, learned counsel for

respondent No.5 is present before the Court.

2. In this writ petition, the petitioner, inter alia,

has prayed for the following reliefs:

a. Issue an appropriate writ, order or direction, in the nature of declaration, declaring that 1st respondent has no authority to direct admissions in petitioners Institutions, Imparting PG courses in Homoeopathy, only on the basis of AIAPGET ranking and; same is ultra-vires the operating Regulations made under statutes,

as arbitrary and without the authority of law.

b. Issue a writ, order or direction in the nature of certiorari, quashing the Ministry Order dated 21.09.018 bearing No.R-

11011/02/2018-EP(IM-1) part-1 issued by the Respondent No.1 vide Annexure-R as arbitrary and without the authority of law; and as a consequence there of,

c. Issue a writ, or order or direction in the nature of certiorari quashing the Notification dated 16.10.2018 bearing No.R.ED/KEA/ADMN/CR-36/2018-19 issued by the Respondent No.5 vide Annexure-S (Fixing the conditions of eligibility to the candidates who have only qualified in All India Ayush Post Graduate Entrance Test- AIAPGET) as arbitrary and without the authority of law; and as a consequence -

3. When the matter was taken up today, learned

counsel for the parties jointly submitted that the

controversy involved in the instant petition is squarely

covered by judgment of this Court dated 18.6.2020 passed

in W.P. Nos.106948-950/2008 (EDN).

4. In view of the aforesaid submission and for the

reasons assigned in the aforesaid order, the instant writ

petition stands disposed of on the same terms and with

similar directions.

Sd/-

JUDGE

Sd/-

JUDGE

BS