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The Supreme Court on Wednesday (February 12,2025) directed the chairperson of the National Commission for Homoeopathy to step down from his post,saying the appointment was not in accordance with law.Setting aside an order of the Karnataka High Court, a bench of Justices Dipankar Datta and Manmohan directed Dr. Anil Khurana to leave the office within a week.
“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 involved with finances. Fresh process shall be initiated for appointment of the office of chairperson expeditiously,” the bench said.
The order came on a plea filed by Dr.Amaragouda L Patil challenging the appointment of Dr. Khurana.
Dr. Patil, who was an applicant for the post, challenged the appointments on grounds that Dr.Khurana did not possess the requisite experience required under Section 4(2) and 19 of the National Commission for Homeopathy Act, 2020, respectively.
Published – February 12, 2025 12:59 pm IST
The Supreme Court’s Directive: Dismantling Illegal Appointments
Table of Contents
In a landmark judgment delivered on February 12, 2025, the Supreme Court of India directed the chairperson of the National Commission for Homoeopathy too step down from his post, citing a violation of the law in his appointment.
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 involved with finances. Fresh process shall be initiated for appointment of the office of chairperson expeditiously,” the bench said.
This order came as a response to a plea filed by Dr. Amaragouda L Patil, who challenged the appointment of Dr.Anil Khurana. Dr. Patil contested the appointment on the grounds that Dr. Khurana did not possess the requisite experience required under Section 4(2) and 19 of the National Commission for Homoeopathy Act, 2020.
Background and Legal Standing
The Supreme Court’s intervention in this matter underscores its role in maintaining the integrity of appointments within regulatory bodies, ensuring they comply with the law. The judgment highlights the importance of adhering to statutory provisions in appointments to prevent potential misconduct and inefficiencies [[1](https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-2/later-twentieth-century-cases-on-removal)].
Executive vs. Judicial power
The Court emphasized that even in the absence of an express statutory restriction on removal, the president acted illegally by removing a member of the War Claims Commission on the grounds that the President simply wanted a member of his liking [[2](https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-2/later-twentieth-century-cases-on-removal)]. This principle is consistent with the Supreme Court’s directive in the present case,setting a precedent for future judicial oversight of executive appointments.
Immediate and Long-Term Impact
Dr. Khurana was directed to vacate the office within a week, ensuring a smooth transition of power.The Court’s directive also mandates the initiation of a fresh appointment process for the chairperson’s post,setting a stringent standard for future candidates [[3](https://www.law.cornell.edu/constitution-conan/article-2/section-2/clause-2/later-twentieth-century-cases-on-removal)].This sends a clear signal that compliance with statutory requirements is essential to holding office.
Conclusion
The Supreme Court’s judgment on the National Commission for Homoeopathy chairperson’s appointment is a powerful reminder of the judicial system’s role in safeguarding the rule of law. It reaffirms that appointments must align with legal stipulations, preventing the appointment of unqualified individuals and ensuring that regulatory bodies uphold the highest standards of integrity and efficiency.
