Central Government Cannot Appoint Inspectors for Homoeopathy Colleges: Supreme Court Ruling

The Supreme Court of India, in The Temple of Hanemann Homoeopathic Medical College and Hospital vs. Union of India & Ors., ruled that the Central Government does not have the authority to appoint inspectors for inspecting homoeopathy colleges under the Homoeopathy Central Council Act, 1973. The Court clarified that such powers are exclusively vested with the Central Council of Homoeopathy (CCH).

This judgment resolved the long-standing issue of whether the Central Government could independently conduct inspections for granting or withdrawing recognition to homoeopathy colleges, reinforcing the role of statutory regulatory bodies.

Background of the Case

The case arose when the Central Government attempted to appoint inspectors for evaluating homoeopathy medical colleges, claiming that such inspections were necessary for granting recognition and approvals. Several institutions, including The Temple of Hanemann Homoeopathic Medical College and Hospital, challenged this decision.

The primary legal question was whether the authority to conduct inspections rested with the Central Government or the Central Council of Homoeopathy (CCH), as per the Homoeopathy Central Council Act, 1973.

Petitioner’s Arguments

The petitioner contended:

• Under Section 17 of the Homoeopathy Central Council Act, 1973, only the Central Council of Homoeopathy (CCH) has the power to appoint medical inspectors.
• The Central Government’s attempt to conduct independent inspections violated the statutory framework governing homoeopathy education.
• The Central Government’s role was supervisory, and it could only act based on recommendations made by CCH.

Respondent’s Arguments

The Union of India defended its actions, stating:

• The Central Government had the power to inspect institutions to ensure compliance with educational standards.
• Under Regulation 3(5) of the Homoeopathy Central Council (Minimum Standards Requirement of Homoeopathy Colleges and attached Hospitals) Regulations, 2013, the government could conduct inspections in cases of complaints or quality concerns.
• Allowing CCH alone to conduct inspections could lead to regulatory inefficiencies.

Supreme Court’s Key Observations

The Supreme Court analyzed the provisions of the Homoeopathy Central Council Act, 1973, and emphasized:

“It is clear from the provisions contained in Sections 17 and 18 that inspectors and visitors can only be appointed by the Central Council in order to enable it to make requisite recommendations to the Central Government. The Act does not confer upon the Central Government the power to appoint a team of inspectors.”

The Court further clarified that:

“Regulation 3(5) of the 2013 Regulations allows for random checks by the Central Government, but it does not empower the Central Government to appoint inspectors. Inspections must be carried out by a team appointed by CCH.”

Final Judgment and Conclusion

The Supreme Court ruled:

• The Central Government cannot appoint inspectors to evaluate homoeopathy colleges.
• Such inspections must be carried out by CCH, as provided under Sections 17 and 18 of the Act.
• The government could request CCH to conduct inspections but could not bypass the statutory mechanism.
• The judgment of the Patna High Court’s Division Bench allowing Central Government inspections was set aside.

This ruling reinforces the autonomy of regulatory bodies and ensures that professional education is governed by expert councils rather than direct government intervention. The decision safeguards the due process in granting and withdrawing recognition of homoeopathy colleges, maintaining transparency and institutional independence.

Petitioner Name: The Temple of Hanemann Homoeopathic Medical College and Hospital.
Respondent Name: Union of India & Ors..
Judgment By: Justice Arun Mishra, Justice S. Abdul Nazeer.
Place Of Incident: India.
Judgment Date: 17-07-2018.

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