Excel Homeopathy Medical College And Hospital v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR W.M.P.Nos.24140 & 24142 of 2026 in Writ Petition Nos.11129 & 11130 of 2022 Excel Homeopathy Medical College & Hospital, represented by its Administrative Officer, NH-544, Salem Main Road, Pallakkapalayam, Sankari West Post, Komarapalayam Taluk, Namakkal District - 637 303.

..Petitioner in W.M.P.No.24140/ 2026 Dr.Hahnemann Homeopathy Medical College & Research Centre, represented by its Director, NH-544, Salem Main Road, Koneripatty, Rasipuram, Namakkal District - 637 408.

..Petitioner in W.M.P.No.24142/ 2026 Vs

1. Union of India represented 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 represented 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, Arignar Anna Government Hospital Campus, Arumbakkam, Chennai - 600 106.

6. Association of Ayurveda, Yoga & Naturopathy, Siddha and Homeopathy Private Medical Colleges, represented by its Secretary, No.127, Triplicane High Road, Chennai - 600 005

7. The Tamil Nadu Dr.M.G.R. Medical University, represented 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 in both petitions Writ Miscellaneous Petitions filed under Article 226 of the Constitution of India seeking a direction to the respondents herein to open the examination portal to enable the petitioner to submit the examination applications for the students admitted in BHMS Course for the year 2021-22 under lapsed seat category, permit these students to write their examinations, publish the results of the examinations and issue the certificates in line with the order of the Hon'ble Supreme Court dated 05.02.2026 and made in S.L.P.Nos.4799/2022 & 7138/2023 etc. pending disposal of the above writ petitions.

For Petitioners :

[in both petitions] Mr.Kandhan Duraisami For Respondents :

[in both petitions] Mr.B.Rabu Manohar, SCGSC [R1] Mr.R.Sanjay, CGSC for Mr.R.Rajesh Vivekanandan Dy. Solicitor General of India [R2] Dr.R.Gouri, Government Counsel [R3 to R5] Mr.Hari Radhakrishnan [R7 & R8] ***** COMMON ORDER (Made by S.M.Subramaniam J.) The present miscellaneous petitions have been instituted seeking a direction to respondents herein 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 lapsed seat category, permit the students to write their examinations, publish the results of the examinations and issue the certificates in line with the order of the Hon'ble Supreme Court dated 05.02.2026 and made in S.L.P.Nos.4799/2022 & 7138/2023 etc.

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:

"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 petitioners in the miscellaneous petitions also were admitted in 2021-2022 batch. That being the 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.

5. Learned counsel for respondents 7 and 8 undertakes that they will inform this order to the authorities concerned over phone or electronic mode

of communication in order to enable the authorities to open the examination portal.

6. Accordingly, these writ miscellaneous petitions are disposed of. Post W.P.Nos.11129, 11130, 11446, 32357 & 32362 of 2022 after two

(2) weeks.

(S.M.S.,J.) (N.S.,J.) 12.06.2026 Note: Issue today [12.06.2026] Index: Yes/No Speaking/Non-speaking order gm To

1. The Secretary, Ministry of AYUSH, EP(IM-2), AYUSH Bhavan 'B' Block, GPO Complex, INA, New Delhi - 110 023.

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.

S.M.SUBRAMANIAM, J.

and N.SENTHILKUMAR, J.

gm

4. The Director, Indian Medicine and Homeopathy, Arumbakkam, Chennai - 600 106.

5. The Secretary, Selection Committee, Directorate of Indian Medicine and Homeopathy, Arignar 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.

W.M.P.Nos.24140 & 24142 of 2026 in Writ Petition Nos.11129 & 11130 of 2022 12.06.2026