Ahmedabad: The Gujarat high court ordered central authorities regulating homeopathy colleges to grant permission for a licence to practise homeopathic medicine to students of seven homeopathy colleges in the state, where students were admitted on court orders.
The HC ordered this with reference to those students who were admitted to these colleges on its orders in 2016. Justice Nirzar Desai said this was in the larger interest of the students.
In this case, following the introduction of the Homeopathy Central Council (Minimum Standards Requirement of Homeopathy Colleges and Attached Hospital) Regulations, 2013, the central govt, the AYUSH ministry, found certain colleges non-compliant even after a couple of years. Therefore, it did not extend approval for homeopathic courses, BHMS. Unable to admit students without the central authority’s approval, the colleges rushed to the high court, which granted interim relief and permitted them to admit students. However, the admissions were subject to the final outcome of the litigation.
A decade passed since then, and the lawyers for the colleges brought it to the high court’s notice that those students who were admitted under court orders had passed their BHMS course. However, even after completion of their degree course, they cannot obtain registration for a licence to practise, as well as the requisite Letter of Permission to be issued to the concerned institution. Unless such a Letter of Permission is granted to the colleges, no procedure to enable the students to obtain a licence to practise can be undertaken.
Upon hearing this, Justice Desai said, “Even if the necessary permission to the college, as prayed for, is not granted by this court, in view of the permission granted to the college for subsequent years, the college would continue to function, and it would be only the students who would suffer… The respondents are directed to grant permission for a licence to practise as well as the LOP, ie, Letter of Permission, to the college, and to grant all such other permissions and approvals as may be required for the functioning of the college, as if such permissions were granted at the relevant point of time.”
The high court imposed a fine of Rs 25,000 on each of the colleges while ordering in favour of the students so that they could start their practice.
