Only Central Council Has Power To Appoint Medical Inspector: Bombay HC Sets Aside Govt Order Revoking Permission For BAMS Course
The Bombay High Court at Nagpur Bench has observed that it is the Central Council and not the Central Government that has the power to appoint medical inspectors and set aside the order whereby the government had revoked the permission granted to run a course of Bachelor of Ayurvedic Medicine and Surgery for the year 2018-19.
The Bench of Justice Sunil B. Shukre and Justice Vrushali V. Joshi observed that the impugned order could not be upheld as the order was based upon the report of Inspectors appointed by the Central Government and not the Inspectors appointed by the Central Council.
“In the instant case, no Inspectors were appointed by the Central Council nor any Visitors were appointed by the Central Council and as such there was no report submitted by either the Inspectors or either the Visitors to enable the Central Council to exercise its power under Section 21 of the Act of 1970. As such, the impugned order cannot be sustained in the eye of the law” said the Court.
Senior Advocate Anand Jaiswal appeared for the petitioner and DSGI N. Deshpande appeared for the respondents
In this case, Writ Petition was preferred to quash and set aside the order of government.
The Court noted that Section 19 and Section 20 of the Indian Medicine Central Council Act, 1970 provided that it was only the Central Council and not the Central Government who would appoint the Medical Inspectors or Visitors to inspect any Medical College, Hospital, or other institution.
Further Section 21 of the Act provided that the Central Council could take suitable action on the basis of the report submitted by the Inspectors or the Visitors and such action could be of withdrawal of recognition also.
The Court noted that since no inspectors or visitors were appointed by the council, the government order wherein the permission granted to run a course of Bachelor of Ayurvedic Medicine and Surgery would not sustain in the eyes of law.
The Court relied upon the Apex Court’s decision in the case of Temple of Hahnemann Homoeopathic Medical College And Hospital Vs. Union of India and Others (2018) 17 SCC 753 wherein it was 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.
Accordingly, the Court allowed the petition.
Cause Title- Shikshan Prakash Mandal’s v. Union of India