LegalAware
LegalAware.ai
EMPOWERING LEGAL AWARENESS

Dr. AKB Sadbhavana Mission School of Homoeo Pharmacy v. The Secretary, Ministry of AYUSH & Ors.

Civil Appeal · 2020 INSC 702Decided 15 Dec 2020
Civil Appeal No. 4049 of 2020
Justice Ashok Bhushan · Justice R. Subhash Reddy · Justice M.R. Shah

Background

During the COVID-19 pandemic, the Union Ministry of AYUSH issued an advisory permitting homeopathic medicines to be used for prevention, symptom management, and as an add-on to conventional treatment of COVID-19-like illness. An advocate filed a writ petition in the Kerala High Court asking only that the State of Kerala be directed to implement this advisory. The Kerala High Court disposed of the petition but went further than what was asked, directing that homeopathic practitioners could prescribe medicines only as "immunity boosters" and that anyone prescribing or advertising homeopathic medicine as a "cure" for COVID-19 should face action under the Disaster Management Act, 2005. A homeopathy educational institution, which was not even a party to the original case, appealed to the Supreme Court against this restrictive direction.

Decision Breakdown

The Supreme Court held that the Kerala High Court had misread the Ministry of AYUSH's own guidelines, which permitted homeopathic practitioners to prescribe medicines not just as immunity boosters but also for symptom management and as an add-on to conventional treatment for COVID-positive patients (with the permission of local health authorities and hospital superintendents), not just prevention alone. The Court found the High Court had gone beyond the limited relief actually sought in the writ petition (which only asked for implementation of the AYUSH advisory) and should not have issued sweeping directions threatening homeopathic doctors with Disaster Management Act action. At the same time, the Court agreed that no system of medicine, including homeopathy, could claim to "cure" COVID-19, and that advertising such a cure was already independently barred under the Homeopathic Practitioners (Professional Conduct) Regulations, 1982. The Court therefore modified the High Court's direction, clarifying that AYUSH's own advisory and guidelines (which allow broader therapeutic use, not just immunity-boosting) should govern, and disposed of the appeal accordingly.

Lesson Learnt

Courts should decide only what is actually asked for in a case and not issue broader directions that go beyond the specific relief sought, especially when doing so affects the rights of people who were never given a chance to be heard; and no medical system can legally claim to be a guaranteed "cure" without scientific backing, even while being validly used for prevention, symptom relief, or supportive care.

Official source (sci.gov.in)View Judgment (PDF)

More rulings in Education Law

Education LawDelhi High Court

Ms. Ashi Agarwal vs. Union of India & Ors.

The High Court dismissed the writ petition. It held that the petitioner had not shown a legally sustainable basis for deviating from the prescribed eligibility criteria. The disputed questions about the JEE (Main) evaluation and her absence from Session II could not be conclusively decided in writ proceedings. Sympathy or loss of an academic year could not substitute for the eligibility conditions, and creating a supernumerary seat would have reopened a concluded admission cycle. The Court noted that an earlier interim-relief order on the same issue had already attained finality before the Supreme Court.

Decided 1 Oct 2026Read case
Education LawDelhi High Court

Union of India & Ors. vs. Himanshi & 34 Ors.

The High Court found the Committee's report against Himanshi to be full of tentative, hedged language ("seems," "probably," "appears") rather than firm findings, with no CCTV footage of her at all and, most critically, the terminal she was shifted to did not even match the government's own list of "compromised" terminals for that exam venue, directly contradicting the central premise of the case against her. Given this glaring internal inconsistency, along with discrepancies between the Committee's report and the SSC's own court filings about how many questions she answered on each terminal, the Court held the cancellation and 7-year debarment were not justified on the facts and dismissed the Union's appeal, while making clear this ruling did not decide the separate cases of the other 34 candidates.

Decided 24 Sept 2026Read case
Education LawDelhi High Court

Aashiya vs. National Medical Commission through its Secretary & Ors. and connected matters

The Court held that under the applicable National Medical Commission guidelines and the Rights of Persons with Disabilities Act, 2016, a candidate's UDID card is the primary evidence of the existence, nature, and extent of disability, and the Medical Assessment Boards' role is confined to assessing "functional competency" (the ability to complete the MBBS course): they have no power to independently re-quantify or reduce the disability percentage recorded on the UDID card. Since both boards had actually found the petitioner functionally capable of pursuing MBBS, yet used their own reduced disability percentage to deny her PwBD reservation, the Court set aside both boards' certificates and directed that she be allowed to participate in the next available round of NEET counselling under the PwBD category, based on her UDID-recorded disability.

Decided 24 Sept 2026Read case
Education LawDelhi High Court

Union of India & Ors vs. Jatin

The Court held that since the entire case against Jatin rested solely on the CCTV footage, denying him any access to or sight of that footage before cancelling his candidature caused him clear, "manifest prejudice": this was not a mere technical lapse but went to the heart of his ability to defend himself. Distinguishing a Supreme Court ruling that not every missing document invalidates a disciplinary proceeding (only ones that cause real prejudice), the Court found this was exactly the kind of case where genuine prejudice existed, since there was no other evidence at all. It upheld the Tribunal's decision and dismissed the SSC's petition, remarking that conducting a proper inquiry or simply sharing the footage could have avoided the litigation entirely.

Decided 16 Sept 2026Read case
Education LawDelhi High Court

Prabhat Shahi vs. National Institute of Open Schooling (NIOS)

The Court found that NIOS's current rules (2026) impose no time limit for correcting a genuine date-of-birth error, so the earlier limitation-based rejection could no longer stand. Relying on the Supreme Court's holding that an examination board cannot let administrative convenience override a citizen's right to accurate identity records, and noting that Shahi's Aadhaar, passport, driving licence, PAN card and school records all uniformly showed 1990, the Court found this a genuine clerical error rather than any attempt at fraud. It directed NIOS to correct the date of birth to 10.02.1990 and issue fresh certificates.

Decided 16 Sept 2026Read case
Education LawDelhi High Court

Vijeta vs. Union of India and Ors.

The Court rejected the first argument, noting the referenced documents were freely available on the university's website and their non-attachment did not invalidate the notice. On the second and more substantial point, the Court held that a student being a member of a political party's youth/student wing does not, by itself, make that student "associated" with the political party for purposes of the Lyngdoh rule: what the rule actually forbids is participation in the election process by people who are not genuine students, or direct involvement of an actual registered political party. However, the Court noted that one candidate's campaign poster had displayed an actual political party's name and official election symbol, which the Court found genuinely problematic and directed university authorities to actively prevent and check such prohibited conduct going forward.

Decided 16 Sept 2026Read case