Appointment of Homeopathy Commission Chairperson Quashed: Supreme Court Upholds Fair Selection Process
The Supreme Court of India, in a significant judgment, quashed the appointment of Dr. Anil Khurana as the Chairperson of the National Commission for Homeopathy (NCH), ruling that he did not meet the mandatory eligibility criteria under the National Commission for Homeopathy Act, 2020. The case, titled Dr. Amaragouda L Patil vs. Union of India & Ors., highlighted crucial issues surrounding judicial scrutiny of public appointments, the principle of fairness, and adherence to statutory eligibility requirements.
Background of the Case
The dispute arose when Dr. Amaragouda L Patil, an applicant for the post of Chairperson of the National Commission for Homeopathy, challenged the appointment of Dr. Anil Khurana, arguing that he did not possess the required 10 years of experience as the ‘Head of a Department’ or ‘Head of an Organisation’ as mandated by Section 4(2) of the NCH Act. The case was initially heard by a Single Judge Bench of the Karnataka High Court, which ruled in favor of Dr. Patil, quashing the appointment.
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However, a Division Bench of the High Court reversed the decision, justifying Dr. Khurana’s selection based on an alternative interpretation of the eligibility criteria. Dissatisfied with this ruling, Dr. Patil approached the Supreme Court.
Arguments by the Petitioner (Dr. Amaragouda L Patil)
The petitioner argued that:
- The appointment of Dr. Khurana was in violation of Section 4(2) of the NCH Act, as he did not meet the required 10 years of experience as a ‘leader’ in the field.
- The Search Committee initially doubted Dr. Khurana’s eligibility and had noted that further verification was required before his name could be considered.
- Despite this, the final selection was made without any concrete documentation proving Dr. Khurana’s qualification as per the Act.
- Dr. Khurana had misrepresented his experience, claiming to have held leadership positions since 2008, whereas official records indicated otherwise.
- The Single Judge of the High Court correctly interpreted the eligibility criteria, and the Division Bench erred in overturning the decision.
Arguments by the Respondents (Union of India & Dr. Khurana)
The respondents, including the Union of India and Dr. Khurana, countered:
- The Search Committee, comprising experts and senior government officials, had assessed all applications and found Dr. Khurana eligible.
- The eligibility criteria in Section 4(2) were open to interpretation, and the Division Bench correctly allowed a broader understanding of ‘Head of a Department’.
- The Court should not interfere with the expert decision of the Search Committee unless there was clear evidence of mala fides or statutory violations.
- Dr. Khurana had effectively served as Chairperson for over 42 months, proving his capability.
Supreme Court’s Analysis and Key Observations
A bench comprising Justices Dipankar Datta and Manmohan carefully scrutinized the selection process and the legal requirements under the NCH Act. The Court ruled against the appointment, making the following crucial observations:
- “A manifestly flawed process of selection, which was rightly interdicted by the writ court, has since been reversed by the writ appellate court premised on a fundamentally incorrect understanding of the Government of India (Allocation of Business) Rules, 1961.”
- “The Search Committee, in its initial assessment, itself had doubts about Dr. Khurana’s eligibility. The subsequent approval, without clear documentation, renders the process legally unsound.”
- “The file reveals that the third respondent had not submitted supporting documents to support his claim of possessing the requisite experience.”
- “The conclusion recorded by the Secretary, GoI that the third respondent did have the requisite experience as ‘Head of a Department’, which is nothing but his ipse dixit, is plainly suspect and vulnerable on the face of all these three orders.”
The Court emphasized that statutory eligibility requirements cannot be waived or diluted by administrative interpretations, reinforcing the principle that statutory qualifications are mandatory.
Final Judgment and Directions
The Supreme Court ruled in favor of the petitioner and issued the following directions:
- The appointment of Dr. Anil Khurana as Chairperson of the National Commission for Homeopathy is quashed with immediate effect.
- The Union of India is directed to initiate a fresh selection process in compliance with the eligibility criteria outlined in Section 4(2) of the NCH Act.
- Dr. Khurana is allowed one week to complete pending assignments but cannot make policy or financial decisions during this period.
- All benefits received by Dr. Khurana during his tenure remain unaffected, but no further benefits shall accrue based on the invalidated appointment.
Conclusion
This judgment sets a strong precedent for ensuring transparency and fairness in public appointments. The Supreme Court has reaffirmed that eligibility requirements under statutory laws cannot be diluted through administrative discretion. This ruling will likely have implications for future appointments in regulatory bodies, ensuring that merit and legality govern such processes.
By striking down an irregular appointment, the Court has upheld the sanctity of fair selection procedures and strengthened public confidence in the judicial review of government actions.
Petitioner Name: Dr. Amaragouda L Patil.Respondent Name: Union of India & Ors..Judgment By: Justice Dipankar Datta, Justice Manmohan.Place Of Incident: India.Judgment Date: 12-02-2025.
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