The Rajasthan High Court has granted an interim stay on a circular issued by the National Commission for Homeopathy (NCH) that rendered postgraduate homeopathy graduates from unlisted institutions ineligible to serve as teachers. This order protects the livelihood of affected faculty members pending final adjudication of their writ petitions, emphasizing procedural fairness in regulatory actions affecting professional qualifications.
Background & Facts
The Dispute
The petitioners, Smt. Bhavya Pareek and Dr. Shahinda Quadri, are postgraduate homeopathy graduates who completed their M.D. (Homeopathy) from Mangilal Nerban Homoeopathic Medical College and Research Institute, Jodhpur. This institution is affiliated with Dr. Sarvepalli Radhakrishnan Rajasthan Ayurved University, Jodhpur, whose name appears in the Second Schedule of the National Commission for Homeopathy (NCH). However, the college itself is not listed in the schedule.
Key Facts
The petitioners completed their M.D. (Homeopathy) between 2019 and 2021 under interim orders of the High Court
They have been serving as Faculty Members in various homeopathic colleges since their graduation
The National Commission for Homeopathy (NCH), respondent No. 3, issued a circular on 22.05.2026 declaring that graduates from institutions not listed in the Second Schedule are ineligible to teach in homeopathic medical colleges
The circular was issued without prior notice or hearing to the affected graduates
The petitioners argue that the circular retrospectively invalidates their professional qualifications and livelihood
Procedural History
26.05.2026: A coordinate bench of the Rajasthan High Court in SBCWP No. 11903/2026 (Dr. Sumitra Dhaka & Ors. v. Union of India & Ors.) granted an interim stay on the circular dated 22.05.2026 and issued notices to the respondents
13.07.2026: The present writ petition (SBCWP No. 13175/2026) was filed by the petitioners seeking similar relief
The Court connected this petition with SBCWP No. 11903/2026 and issued notices to the respondents
Relief Sought
The petitioners seek:
An interim stay on the circular dated 22.05.2026 issued by the NCH
A declaration that the circular is arbitrary and violative of principles of natural justice
A direction to the respondents to recognize their qualifications and allow them to continue serving as teachers
The Legal Issue
The central question before the Court was whether a regulatory body like the National Commission for Homeopathy can retrospectively disqualify postgraduate graduates from serving as teachers without prior notice or hearing, particularly when their degrees were obtained under judicial interim orders.
Arguments Presented
For the Petitioners
The circular dated 22.05.2026 suddenly renders the petitioners ineligible to teach, despite their having served as faculty members for years
The NCH acted without issuing prior notice or granting an opportunity of hearing, violating principles of natural justice
The petitioners completed their degrees under judicial interim orders, and the circular retrospectively invalidates their qualifications
The institution is affiliated with a university listed in the Second Schedule of NCH, and the circular unfairly targets graduates from unlisted colleges
For the Respondents
(No arguments were presented in the judgment as the respondents were yet to file their reply. The Court issued notices and granted interim relief based on the petitioners' submissions.)
The Court's Analysis
The Court observed that the petitioners' case was identical to the one decided in SBCWP No. 11903/2026, where a coordinate bench had already granted an interim stay on the circular dated 22.05.2026. The Court noted:
"Learned counsel for the petitioner submits that in similar controversy the Coordinate Bench of this Court in SBCWP No.11903/2026: Dr. Sumitra Dhaka & Ors. Vs. Union of India & Ors. vide order dated 26.05.2026 has granted interim order by which the effect and operation of the circular dated 22.05.2026 was stayed while issuing notices to the respondents."
The Court relied on the principle of judicial comity and connected the present petition with SBCWP No. 11903/2026. It emphasized that the sudden disqualification of the petitioners without notice or hearing raised serious questions of natural justice and legitimate expectation.
The Verdict
The Court issued the following directions:
Notice was issued to the respondents, returnable within six weeks
The effect and operation of the circular dated 22.05.2026 was stayed pending final adjudication
The petition was connected with SBCWP No. 11903/2026
The respondents were granted liberty to file an application under Article 226(3) of the Constitution of India
What This Means For Similar Cases
Regulatory Actions Must Follow Natural Justice
Regulatory bodies like the National Commission for Homeopathy cannot issue circulars that retrospectively disqualify professionals without prior notice and hearing
Courts are likely to stay such actions if they violate principles of natural justice, particularly when livelihoods are at stake
Judicial Interim Orders Create Legitimate Expectations
Graduates who completed their degrees under judicial interim orders have a legitimate expectation that their qualifications will not be invalidated retrospectively
Regulatory bodies must consider the hardship caused to individuals who relied on judicial orders before taking adverse actions
Affiliation Does Not Guarantee Recognition
While the affiliating university may be listed in regulatory schedules, the college itself must also be recognized to avoid disputes over graduate eligibility
Institutions and students should verify recognition status before admissions to prevent future disqualification risks
