In a landmark decision, the Supreme Court of India has annulled the appointment of Dr. Anil Khurana as the Chairperson of the National Commission for Homeopathy. The court ruled that his appointment did not comply with the legal requirements under the National Commission for Homeopathy Act, 2020.
A bench comprising Justices Dipankar Datta and Manmohan ruled that Dr. Khurana must vacate his position within a week. The decision came after a civil appeal challenged his selection for not meeting the necessary qualifications mandated by law.
The Supreme Court’s order stated:
"The Respondent shall step down from the office of Chairperson forthwith. By forthwith, we mean a week from today to enable him to complete his assignment; however, without taking any policy decision involving finances. A fresh process shall be initiated for the appointment of the Chairperson expeditiously. The benefits received by the 3rd Respondent are not touched. However, the fruit of benefit shall go to him on the basis of the service rendered by him as Chairperson."
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The case originated from a petition filed before the Karnataka High Court, which questioned the appointments of both Dr. Anil Khurana as Chairperson of the National Commission for Homeopathy and Dr. K.R. Janardanan Nair as President of the Medical Assessment and Rating Board under the same commission.
The petitioner, who was also an applicant for these positions, argued that both individuals lacked the necessary experience as required under Section 4(2) and Section 19 of the National Commission for Homeopathy Act, 2020.
As per Section 4(2) of the National Commission for Homeopathy Act, 2020:
"The Chairperson shall be a person of outstanding ability, proven administrative capacity, and integrity, possessing a postgraduate degree in Homeopathy from a recognized university and having experience of not less than twenty years in the field of Homeopathy, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of Homeopathy or its education."
For eligibility, a "leader" is defined as someone who has served as a Head of a Department or the Head of an Organization in the field.
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Justice N.S. Sanjay Gowda of the Karnataka High Court had previously upheld the appointment of Dr. Nair but found Dr. Khurana’s appointment invalid due to insufficient experience. The ruling emphasized:
"To be the Chairperson of the National Commission for Homeopathy, a person should have 20 years of experience in the field of Homeopathy, and out of these 20 years, he should have served as Head of a Department or Head of an Organization for at least 10 years."
The court further analyzed Dr. Khurana’s tenure:
He served as Director General (in-charge) from August 2017 to April 2018.
He was Director General from July 2019 to 2021.
Thus, his total leadership experience was only about four years, falling short of the mandatory 10-year leadership requirement.
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Following this judgment, a division bench of Justices N.V. Anjaria and K.V. Aravind of the Karnataka High Court overturned the single-judge ruling on August 31, 2022, reinstating Dr. Khurana. However, the case was escalated to the Supreme Court.
After hearing arguments, the Supreme Court ultimately reinstated the single-judge ruling, declaring the division bench’s reversal invalid. The apex court firmly stated:
"We have given our reasons why we are holding that the selection and the appointment of the 3rd Respondent is not in accordance with law. Accordingly, the appeals, so far as directed against the impugned judgment and order of the division bench reversing the order of the single judge, are accepted."
Case Detaild
Case Title: Dr. Amaragouda L v. Union of India & Ors.
Case Number: C.A. No. 301-303/2025
