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The bench comprising Justice Arun Mishra and Justice S. Abdul Nazeer reversed the decision rendered by the division bench of the Patna HC. In the decision of Patna HC, it was held that the central government has the authority to appoint the inspectors, who will investigate and approve the particular schemes. The SC in The Temple of Hanneman Homeopathic Medical College and Hospital v. UOI, has held that the authority to appoint the team of inspectors is given in the hands of Central Council of Homeopathy (CCH) by Homeopathy Central Council Act, 1973.
The bench observed that under section 17 of the act the authority is given to the CCH to appoint the inspectors. Through various enactments the authority is given to the expert body, then this expert body will give recommendations to the Central government. Mere supervisory authority is given to the Central Government.
The regulation 3 (5) has given the power to the central government and CCH regarding the inspections on receiving of any complaints or regular check-ups. In the following there is no mention of who will be authorize to conduct the inspection or who will appoint the inspectors.
The bench after reading 3(5) and section 17 together, held that on the complaint the central government can order for inspection only. The team for inspection will be formed by the CCH under section 17 and 18 of the act. After the inspection the team of inspectors has to submit a report to the CCH, then the recommendations will be drawn by it. The central government will then take action on the basis of the recommendations and the report submitted by the CCH.
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