Excel Homeopathy Medical College and Hospital vs Union of India

Court
Madras High Court

W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2026
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
W.P.NOS.11129, 11130, 11446, 32357 AND 32362 OF 2022
AND
CONNECTED MISCELLANEOUS PETITIONS
W.P.NO.11129 OF 2022
Excel Homeopathy Medical College & Hospital
Rep. By its Administrative Officer
NH-544, Salem Main Road,
Pallakapalayam, Sankari West Post,
Komarapalayam Taluk,
Namakkal District – 637 303. … Petitioner
Vs.

1.Union of India
Rep. By its Secretary
Ministry of AYUSH, EP (IM-2)
AYUSH Bhavan ‘B’ Block,
GPO Complex, INA,
New Delhi – 110 023.
2.National Commission for Homeopathy
Rep. By its President
(Previously known as Central Council of
Homeopathy, (CCH))
No.61-65, Institutional Area, Janakpuri,
‘D’ Block, New Delhi – 110 058.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
3.The Secretary to Government of Tamil Nadu
Health Department
Secretariat,
Chennai – 600 009.
4.The Director
Indian Medicine and Homeopathy
Arumbakkam,
Chennai – 600 106.
5.The Secretary
Selection Committee
Directorate of Indian Medicine and Homeopathy
Aringar Anna Government Hospital Campus
Arumbakkam, Chennai – 600 106.
6.Association of Ayurveda, Yoga & Naturopathy
Siddha and Homeopathy Private Medical Colleges
Rep. By its Secretary
No.127, Triplicane High Road,
Chennai – 600 005.
7.The Tamil Nadu Dr.M.G.R. Medical University
Rep. By its Registrar
No.69, Anna Salai, Guindy,
Chennai – 600 032.
8.The Controller of Examinations
The Tamil Nadu Dr.M.G.R. Medical University
No.69, Anna Salai, Guindy,
Chennai – 600 032. … Respondents
(R7 and R8 impleaded vide order
dated 09.03.2023 made in WMP No.7764
of 2023 in W.P.No.11129 of 2022)


PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Declaration, declaring that the Regulation 3 of
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
the Homeopathy (Degree Course) Amendment in Notification No.12-
13/2006-CCH (Pt.V) dated 14.12.2018 and Notification No.12-13/2006-
CCH(Pt.VI) dated 19.06.2019 issued by the second respondent in so far
as it mandates NEET as an essential eligibility criteria as illegal, arbitrary,
ultra virus, without authority of law and contrary to Section 20(2) of the
Homeopathy Central Council Act, 1973 to enable the petitioner institution
to fill up the available vacancies in Homeopathy (B.H.M.S) Degree
Course during the academic year 2021-2022.
For Petitioner : Mr.Kandhan Duraisami
For Respondent-1 : Mr.B.Rabu Manohar (SCGSC)
For Respondent-2 : Mr.Sanjay (CGSC)
for Mr.R.Rajesh Vivekanandan (DSG)
For Respondents 3-6 : No appearance
For Respondents 7&8 : Mr.Hari Radhakrishnan
W.P.NO.11130 OF 2022
Dr.Hahnemann Homeopathy Medical College &
Research Centre
Rep. By its Director
Koneripatty, Rasipuram,
Namakkal District – 637 408. … Petitioner
Vs.

1.Union of India
Rep. By its Secretary
Ministry of AYUSH, EP (IM-2)
AYUSH Bhavan ‘B’ Block,
GPO Complex, INA,
New Delhi – 110 023.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
2.National Commission for Homeopathy
Rep. By its President
(Previously known as Central Council of
Homeopathy, (CCH))
No.61-65, Institutional Area, Janakpuri,
‘D’ Block, New Delhi – 110 058.
3.The Secretary to Government of Tamil Nadu
Health Department
Secretariat, Chennai – 600 009.
4.The Director
Indian Medicine and Homeopathy
Arumbakkam, Chennai – 600 106.
5.The Secretary
Selection Committee
Directorate of Indian Medicine and Homeopathy
Aringar Anna Government Hospital Campus
Arumbakkam, Chennai – 600 106.
6.Association of Ayurveda, Yoga & Naturopathy
Siddha and Homeopathy Private Medical Colleges
Rep. By its Secretary
No.127, Triplicane High Road,
Chennai – 600 005.
7.The Tamil Nadu Dr.M.G.R. Medical University
Rep. By its Registrar
No.69, Anna Salai, Guindy,
Chennai – 600 032.
8.The Controller of Examinations
The Tamil Nadu Dr.M.G.R. Medical University
No.69, Anna Salai, Guindy,
Chennai – 600 032. … Respondents
(R7 and R8 impleaded vide order
dated 09.03.2023 made in WMP No.7773
of 2023 in W.P.No.11130 of 2022)
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022

PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Declaration, declaring that the Regulation 3 of
the Homeopathy (Degree Course) Amendment in Notification No.12-
13/2006-CCH (Pt.V) dated 14.12.2018 and Notification No.12-13/2006-
CCH(Pt.VI) dated 19.06.2019 issued by the second respondent in so far
as it mandates NEET as an essential eligibility criteria as illegal, arbitrary,
ultra virus, without authority of law and contrary to Section 20(2) of the
Homeopathy Central Council Act, 1973 to enable the petitioner institution
to fill up the available vacancies in Homeopathy (B.H.M.S) Degree
Course during the academic year 2021-2022.
For Petitioner : Mr.Kandhan Duraisami
For Respondent-1 : Mr.B.Rabu Manohar (SCGSC)
For Respondent-2 : Mr.Sanjay (CGSC)
for Mr.R.Rajesh Vivekanandan (DSG)
For Respondents 3-6 : No appearance
For Respondents 7&8 : Mr.Hari Radhakrishnan
W.P.NO.11446 OF 2022
Shri Barani Homeopathy Medical College & Hospital
Rep. By its Director
Pillikalmedu, Kokarayanpetai Road,
Tiruchengode Taluk,
Namakkal District – 638 214. … Petitioner
Vs.

1.Union of India
Rep. By its Secretary
Ministry of AYUSH, EP (IM-2)
AYUSH Bhavan ‘B’ Block,
GPO Complex, INA,
New Delhi – 110 023.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
2.National Commission for Homeopathy
Rep. By its President
(Previously known as Central Council of
Homeopathy, (CCH))
No.61-65, Institutional Area, Janakpuri,
‘D’ Block, New Delhi – 110 058.
3.The Secretary to Government of Tamil Nadu
Health Department
Secretariat, Chennai – 600 009.
4.The Director
Indian Medicine and Homeopathy
Arumbakkam, Chennai – 600 106.
5.The Secretary
Selection Committee
Directorate of Indian Medicine and Homeopathy
Aringar Anna Government Hospital Campus
Arumbakkam, Chennai – 600 106.
6.Association of Ayurveda, Yoga & Naturopathy
Siddha and Homeopathy Private Medical Colleges
Rep. By its Secretary
No.127, Triplicane High Road,
Chennai – 600 005. … Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Declaration, declaring that the Regulation 3 of
the Homeopathy (Degree Course) Amendment in Notification No.12-
13/2006-CCH (Pt.V) dated 14.12.2018 and Notification No.12-13/2006-
CCH(Pt.VI) dated 19.06.2019 issued by the second respondent in so far
as it mandates NEET as an essential eligibility criteria as illegal, arbitrary,
ultra virus, without authority of law and contrary to Section 20(2) of the
Homeopathy Central Council Act, 1973 to enable the petitioner institution
to fill up the available vacancies in Homeopathy (B.H.M.S) Degree
Course during the academic year 2021-2022.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
For Petitioner : Mr.Kandhan Duraisami
For Respondent-1 : Mr.B.Rabu Manohar (SCGSC)
For Respondent-2 : Mr.Sanjay (CGSC)
for Mr.R.Rajesh Vivekanandan (DSG)
For Respondents 3-6 : No appearance
W.P.NO.32357 OF 2022
Excel Homeopathy Medical College & Hospital
Rep. By its Chairman
NH-544, Salem Main Road,
Pallakapalayam, Sankari West Post,
Komarapalayam Taluk,
Namakkal District – 637 303. … Petitioner
Vs.

1.Union of India
Rep. By its Secretary
Ministry of AYUSH, EP (IM-2)
AYUSH Bhavan ‘B’ Block,
GPO Complex, INA,
New Delhi – 110 023.
2.National Commission for Homeopathy
Rep. By its President
(Previously known as Central Council of
Homeopathy, (CCH))
No.61-65, Institutional Area, Janakpuri,
‘D’ Block, New Delhi – 110 058.
3.The Secretary to Government of Tamil Nadu
Health Department
Secretariat,
Chennai – 600 009.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
4.The Director
Indian Medicine and Homeopathy
Arumbakkam,
Chennai – 600 106.
5.The Admission Regulatory Authority
Secretary, Selection Committee,
Directorate of Indian Medicine and Homeopathy
Aringar Anna Government Hospital Campus
Arumbakkam, Chennai – 600 106.
6.The Tamil Nadu Dr.M.G.R. Medical University
Rep. By its Registrar
No.69, Anna Salai, Guindy,
Chennai – 600 032. … Respondents


PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
of the respondents pertaining to the impugned proceedings of the second
respondent herein in File No.11-1/MA&RBH/NCH/2022-23/9735 dated
11.11.2022 and quash the same and consequently direct the
respondents to approve the admission of the students who are admitted
in Homeopathy (B.H.M.S.) Degree Course during the academic year
2021-2022 in the petitioner institution (list enclosed) in consonance with
the order of this Court dated 29.04.2022 in W.P.No.11129 of 2022.
For Petitioner : Mr.Kandhan Duraisami
For Respondent-1 : Mr.B.Rabu Manohar (SCGSC)
For Respondent-2 : Mr.Sanjay (CGSC)
for Mr.R.Rajesh Vivekanandan (DSG)
For Respondents 3-5 : No appearance
For Respondent-6 : Mr.Hari Radhakrishnan
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
W.P.NO.32362 OF 2022
Dr.Hahnemann Homeopathy Medical College &
Research Centre
Rep. By its Director
Koneripatty, Rasipuram,
Namakkal District – 637 408. … Petitioner
Vs.

1.Union of India
Rep. By its Secretary
Ministry of AYUSH, EP (IM-2)
AYUSH Bhavan ‘B’ Block,
GPO Complex, INA,
New Delhi – 110 023.
2.National Commission for Homeopathy
Rep. By its President
(Previously known as Central Council of
Homeopathy, (CCH))
No.61-65, Institutional Area, Janakpuri,
‘D’ Block, New Delhi – 110 058.
3.The Secretary to Government of Tamil Nadu
Health Department
Secretariat,
Chennai – 600 009.
4.The Director
Indian Medicine and Homeopathy
Arumbakkam,
Chennai – 600 106.
5.The Admission Regulatory Authority
Secretary, Selection Committee
Directorate of Indian Medicine and Homeopathy
Aringar Anna Government Hospital Campus
Arumbakkam, Chennai – 600 106.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
6.The Tamil Nadu Dr.M.G.R. Medical University
Rep. By its Registrar
No.69, Anna Salai, Guindy,
Chennai – 600 032. … Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
of the respondents pertaining to the impugned proceedings of the second
respondent herein in File No.11-1/MA&RBH/NCH/2022-23/9715 dated
11.11.2022 and quash the same and consequently direct the
respondents to approve the admission of the students who are admitted
in Homeopathy (B.H.M.S.) Degree Course during the academic year
2021-2022 in the petitioner institution (list enclosed) in consonance with
the order of this Court dated 29.04.2022 in W.P.No.11130 of 2022.
For Petitioner : Mr.Kandhan Duraisami
For Respondent-1 : Mr.B.Rabu Manohar (SCGSC)
For Respondent-2 : Mr.Sanjay (CGSC)
for Mr.R.Rajesh Vivekanandan (DSG)
For Respondents -3 to 5: No appearance
For Respondents-6 : Mr.Hari Radhakrishnan
COMMON ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petitions have been instituted seeking to
declare that the Regulation 3 of the Homeopathy (Degree Course)
Amendment in Notification No.12-13/2006-CCH (Pt.V) dated 14.12.2018
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
and Notification No.12-13/2006-CCH(Pt.VI) dated 19.06.2019 issued by
the second respondent in so far as it mandates NEET as an essential
eligibility criteria as illegal, arbitrary, ultra virus, without authority of law
and contrary to Section 20(2) of the Homeopathy Central Council Act,
1973 to enable the petitioners’ institution to fill up the available vacancies
in Homeopathy (B.H.M.S) Degree Course during the academic year
2021-2022.
2.This Court on 12.06.2026 in WMP Nos.24140 and 24142
of 2026 in W.P.Nos.11129 and 11130 of 2022, passed the following
orders:
“2.Learned counsel for petitioners would
mainly contend that several High Courts across the
country have granted interim orders to the students
admitted in the year 2021-2022 to participate in the
examination and allow those students to complete
the course. The matter was taken up by way of an
appeal by National Commission for Homeopathy in
S.L.P.No.4799 of 2022. The Hon’ble Supreme Court
of India passed final orders on 05.02.2026 and the
relevant portions read as under;
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W.P.NOS.11129, 11130, 11446, 32357
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“9.Mr.Animesh Kumar and
Mr.Kundan Kumar Mishra, the learned
counsel appearing for some of the
respondents brought to our notice that
there are students who are at present in
the final year of their BHMS course. These
are all students who were admitted in
2021-2022 in pursuance of the interim
order passed by the Delhi High Court. We
direct that these students shall be
permitted to complete their course.
10.We clarify that only those
students who have been protected by
virtue of interim orders, they shall be
permitted to complete their course.
11.All those students who have
completed their course are now entitled to
get themselves registered with the
concerned State Council and Boards if
they are otherwise eligible.”
3.Learned counsel for petitioners would
submit that the students in the petitioners’ institution
were admitted in 2021-2022 batch. That being the
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W.P.NOS.11129, 11130, 11446, 32357
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factum, the judgment of the Hon’ble Apex Court
would squarely apply to the case of petitioners
herein.
4. The respondents 7 and 8 are directed to
open the examination portal to enable the petitioners
to submit the examination applications for the
students admitted in BHMS course for the year
2021-2022 under the lapsed seat category, permit
students to write the examination, publish the result
of the examination and issue certificates in line with
the order of the judgment of the Hon’ble Supreme
Court [supra] pending disposal of the main writ
petitions.
3.In pursuance of the interim orders passed by this Court
dated 12.06.2026, the students in the petitioners’ institution were
admitted and permitted to write the examinations. Since the grievance of
the petitioners has been redressed and their students have been
permitted to write the examinations, the respondents shall evaluate the
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
answer scripts and declare the results by following the procedures
prescribed. It is needless to state that the students admitted pursuant to
the interim order, shall be permitted to complete their course in all
respects.
4.With these directions, all these writ petitions are disposed
of. However, there shall be no order as to costs. Consequently,
connected miscellaneous petitions are closed.
[S.M.S., J.] [N.S., J.]

21.07.2026

Index : Yes
Speaking Order : Yes
Neutral Citation : Yes / No
TK
To

1.The Secretary
Union of India
Ministry of AYUSH, EP (IM-2)
AYUSH Bhavan ‘B’ Block,
GPO Complex, INA,
New Delhi – 110 023.
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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
2.The President
National Commission for Homeopathy
(Previously known as Central Council of
Homeopathy, (CCH))
No.61-65, Institutional Area, Janakpuri,
‘D’ Block, New Delhi – 110 058.
3.The Secretary to Government of Tamil Nadu
Health Department
Secretariat,
Chennai – 600 009.
4.The Director
Indian Medicine and Homeopathy
Arumbakkam,
Chennai – 600 106.
5.The Secretary
Selection Committee
Directorate of Indian Medicine and Homeopathy
Aringar Anna Government Hospital Campus
Arumbakkam, Chennai – 600 106.
6.The Secretary
Association of Ayurveda, Yoga & Naturopathy
Siddha and Homeopathy Private Medical Colleges
No.127, Triplicane High Road,
Chennai – 600 005.
7.The Registrar
Tamil Nadu Dr.M.G.R. Medical University
No.69, Anna Salai, Guindy,
Chennai – 600 032.
8.The Controller of Examinations
The Tamil Nadu Dr.M.G.R. Medical University
No.69, Anna Salai, Guindy,
Chennai – 600 032.

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W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022
S.M.SUBRAMANIAM, J.
AND
N.SENTHILKUMAR, J.
TK
W.P.NOS.11129, 11130, 11446, 32357
AND 32362 OF 2022

21.07.2026
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