Gujarat High Court Mandates Licence Approval for Homeopathy Students
In a significant ruling, the Gujarat High Court has directed central regulatory authorities to grant permission for licences to practise homeopathic medicine to students from seven homeopathy colleges in the state. These students were originally admitted in 2016 under court orders, and the decision aims to address long-standing issues affecting their professional futures.
Background of the Case
The case stems from the introduction of the Homeopathy Central Council (Minimum Standards Requirement of Homeopathy Colleges and Attached Hospital) Regulations in 2013. Following this, the central government, through the AYUSH ministry, identified certain colleges as non-compliant with the new standards. Despite being given a couple of years to rectify the issues, these colleges failed to meet the requirements, leading the authorities to withhold approval for their Bachelor of Homeopathic Medicine and Surgery (BHMS) courses.
Unable to admit students without central approval, the colleges sought relief from the Gujarat High Court. The court granted interim permission, allowing them to admit students, but these admissions were contingent on the final outcome of ongoing litigation. Over the past decade, the students completed their BHMS degrees, yet they faced a major hurdle: without the necessary Letter of Permission (LOP) for their colleges, they could not obtain registration for a licence to practise homeopathy.
Court's Ruling and Rationale
Justice Nirzar Desai, presiding over the case, emphasized the larger interest of the students in his ruling. He noted that even if the colleges were not granted the necessary permissions, they would continue to function, but the students would suffer disproportionately. The court ordered the respondents, including the central authorities, to grant permission for licences to practise and issue the required LOPs to the colleges. This directive applies retroactively, as if the permissions had been granted at the relevant time in 2016.
Justice Desai stated, "Even if the necessary permission to the college, as prayed for, is not granted by this court, in view of the permission granted to the college for subsequent years, the college would continue to function, and it would be only the students who would suffer... The respondents are directed to grant permission for a licence to practise as well as the LOP, ie, Letter of Permission, to the college, and to grant all such other permissions and approvals as may be required for the functioning of the college, as if such permissions were granted at the relevant point of time."
Implications and Penalties
To ensure compliance and underscore the seriousness of the matter, the high court imposed a fine of Rs 25,000 on each of the seven colleges. This penalty is intended to hold the institutions accountable while facilitating the students' ability to start their medical practice without further delay. The ruling not only resolves the immediate issue for the affected students but also sets a precedent for similar cases involving regulatory approvals in the healthcare education sector.
The decision highlights the ongoing challenges in aligning educational institutions with evolving regulatory standards, particularly in fields like homeopathy under the AYUSH ministry. It underscores the judiciary's role in protecting student interests when bureaucratic delays or compliance issues threaten their careers.
