Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 13 October 2026
Case Overview
- Parties: Sendhwa Homoeopathic Medical College and Hospital (Appellant) vs. National Commission for Homoeopathy & Others (Respondents).
- The appeal challenged the Delhi High Court’s judgment (LPA No. 804 of 2026 dated 30‑09‑2026) which had set aside an interim direction that permitted the appellant to take part in the counselling process for BHMS admissions.
- The underlying dispute concerns the denial of permission for admission to the Bachelor of Homeopathic Medicine & Surgery (BHMS) course, which has an intake capacity of 100 seats for the academic year 2026‑27, as per the order dated 11‑08‑2026.
- The Supreme Court, after hearing senior counsel Shoeb Alam for the appellant and counsel Ankita Chaudhary for the respondents, noted that the appellant has been conducting an undergraduate Homeopathic course since 2001 and is an existing college.
- The Court held that, in the interest of justice, the appellant should be allowed to participate in the counselling pending disposal of the writ petition (Writ Petition (C) No. 13724 of 2026) challenging the denial of admission permission.
Final Outcome
- The appeal is allowed; the High Court’s judgment and order dated 30‑09‑2026 are set aside.
- The appellant is permitted to participate in the third round and subsequent rounds of counselling for the academic year 2026‑27.
- The High Court is directed to dispose of the writ petition within one month from the date of this order, without the Supreme Court expressing any opinion on the merits.
- Pending disposal of the writ petition, the appellant may participate in counselling but shall not admit any students for the 2026‑27 academic year.
- The order is made specifically for the facts and circumstances of this case and shall not be treated as a precedent.
- The civil appeal stands disposed of, and any pending applications, if any, shall also stand disposed of.
Topics: Legal Procedure, Higher Education