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Education LawSupreme Court of India

The Temple of Hanemann Homoeopathic Medical College and Hospital v. Union of India & Ors.

Civil Appeal · 2018 INSC 615Decided 17 Jul 2018
Civil Appeal No. 6734 of 2018
Justice Arun Mishra · Justice S. Abdul Nazeer

Background

A homoeopathy medical college challenged, along with several connected appeals, a Patna High Court Division Bench ruling that the Central Government (not just the Central Council of Homoeopathy, the statutory expert body) could itself appoint a team of medical inspectors to inspect colleges before granting permission for admissions, relying on Regulation 3(5) of the 2013 Minimum Standards Regulations. The High Court's Single Bench had earlier taken the opposite view, holding only the Central Council could appoint such inspectors.

Decision Breakdown

The Supreme Court examined Sections 17, 18 and 19 of the Act of 1973, which in clear terms give the Central Council of Homoeopathy (CCH), not the Central Government, the exclusive power to appoint medical inspectors and visitors, with the Central Government's role being only supervisory (acting on the Council's recommendations). The Court held that Regulation 3(5), which merely allows the Government or CCH to order random inspections on a complaint or as otherwise necessary, does not itself confer any power to appoint who conducts those inspections: that remains governed by Section 17 of the Act, and a regulation cannot override the parent statute. The Division Bench of the High Court had therefore erred in holding the Central Government could appoint its own team of inspectors. The Supreme Court allowed the appeals, set aside the Division Bench's ruling, and restored the Single Bench's judgment that only CCH can appoint inspectors, with no order as to costs.

Lesson Learnt

When a statute vests a specific power (such as appointing inspectors) exclusively in an expert regulatory body, a subordinate regulation cannot be read to shift that power to the government: a regulation must always be interpreted consistently with, and subordinate to, the law under which it was made.

The Temple of Hanemann Homoeopathic Medical College and Hospital v. Union of India & Ors. – Legal Case Shots | LegalAware