Summary
Under the Homoeopathy Central Council Act, 1973 and the 2013 minimum-standards regulations, the Supreme Court held that only the Central Council could appoint medical inspectors and examination visitors. The Central Government could require a random inspection under regulation 3(5), but that power did not authorise it to constitute its own inspection team. The Single Judge’s decision was restored.
Issues
- Whether regulation 3(5) authorised the Central Government to appoint its own medical inspection team.
Provisions considered
- Sections 17, 18 and 19, Homoeopathy Central Council Act, 1973Inspectors and visitors are appointed by the Central Council, with reports and recommendations informing subsequent governmental action. (¶¶ 7, 8, 9, 10, 19, 20, 23)
- Regulation 3(5), Homoeopathy Central Council (Minimum Standards Requirement of Homoeopathic Colleges and attached Hospitals) Regulations, 2013Power to require random checks during the permission period must be read consistently with the Act; it does not confer power to appoint the inspection team. (¶¶ 12, 13, 20, 21, 22, 23)
Held
- Sections 17 and 18 vest appointment of medical inspectors and visitors exclusively in the Central Council. The Central Government’s supervisory role does not include appointing its own team. (¶¶ 10, 18, 19, 20)
- Regulation 3(5) permits the Central Government or Council to require random checks on complaint or otherwise when necessary. Appointment of the inspectors remains governed by the Act, to which the regulations are subordinate. (¶¶ 13, 20, 21, 22)
- When the Central Government requires an inspection, the Council must appoint the team, and subsequent action follows the statutory report and recommendation process. (¶¶ 22, 23)
Result
Appeals allowed. Division Bench judgment set aside and Single Judge’s judgment restored. No costs.