Central Govt lacks power to Appoint Inspector To Inspect Any Medical College: Bombay HC Sets Aside Order Revoking Permission For BAMS Course

Nagpur: Setting aside an order of the Government revoking the permission for running a Bachelor of Ayurvedic Medicine and Surgery (BAMS) course, the Nagpur bench of Bombay High Court recently clarified that Central Government lacks the power for appointing medical inspectors.

"In the result, the impugned order cannot be upheld, as it is bad in law and it deserves to be quashed and set aside," noted the HC bench of Justices Sunil B Shukre and Vrushali V Joshi.

The High Court bench was considering a plea challenging the withdrawal of permission already granted to run BAMS course for the year 2018-2019. It was pointed out in the plea that the permission had been revoked on the basis of a report of the Inspectors appointed by the Central Government and not by the Central Council of Indian Medicine.

In this regard, the HC bench noted that under Sections 19 and 20 of the Indian Medicine Central Council Act, 1970, it is only the Central Council and not the Central Government which shall appoint the Medical Inspectors to inspect any Medical College, Hospital or other Institution or which shall appoint such number of Visitors as it may deem requisite to inspect any college, Hospital or other Institution where education in Indian Medicine is given.

Similarly, Under Section 21 of the Act of 1970, the Central Council can take a suitable action on the basis of the report submitted by the Inspectors or the Visitors and such action can be of withdrawal of recognition.

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However, the court noted that in this case, no inspectors had been appointed by the Central Council nor any Visitors had been appointed by the council and there was no report submitted either by the Inspectors or the Visitors to enable the Central Council for exercising its power under Section 21 of the 1970 Act.

"As such, the impugned order cannot be sustained in the eye of the law," noted the bench.

In this regard, the HC bench referred to a similar case before the Supreme Court bench in the case of Temple of Hahnemann Homoeopathic Medical College And Hospital Vs. Union of India and Others. While considering the matter, the HC bench had held that no power of withdrawal of recognition or permission can be exercised based upon a report submitted by the Inspectors appointed by the Central Government.

The Apex Court bench had made such observations after considering the similar provisions made in Sections 17, 18 and 19 of the Homoeopathy Central Council Act, 1973.

Therefore, referring to the Supreme Court order, the Bombay HC bench noted, "In the result, the impugned order cannot be upheld, as it is bad in law and it deserves to be quashed and set aside."

Setting aside the order, the bench mentioned in the judgment, 

“(a) call for the relevant records and papers from the office of the Respondent authorities and after going into the legality of the same quash and set aside the order dated 15.11.2018 by R-1 and for that purpose issue appropriate writ and/or order. (Annx – H)

(b) direct the Respondent-Admission Regulatory Authority not to cancel and/or transfer the students admitted to BAMS course at the Petitioner College in the Academic year 2018-19.”

To read the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-order-medical-inspectors-201656.pdf

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