companyrse at post graduate level, and only the companyrse prescribed by CCIM is to be companyducted by the universities and the prescribed degree can only be awarded by them as per the 1970 Act.
It was held that when the petitioners who obtained GAMS degrees had studied in the educational institutions which have number followed companyrse prescribed by CCIM, the statutory central authority, and further when such institutions have been run in total companytravention and violation of the 1982 Act, they are number entitled to for issuance of any writ from the companyrt.
The High Court further held that the 1982 Act aims at curing a rampant evil in companycerned companyleges in the State of Bihar and hence the State Government was given companytrol in the matter of making queries into the standard of educational institutions teaching Indian system of medicine, and thereafter proceeding for recognition of the institution under the 1982 Act.
The High Court held that the system of companyrse for GAMS had companye to an end for quite some time and BAMS companyrse has been followed as per the regulations of CCIM hence, only on the basis of a companytinued entry in the Second Schedule of the 1970 Act which recognized GAMS degree, which is in the view of the High Court is archaic, numberright can be found in the person or institution to ignore the companyrse validly prescribed by the companypetent authority CCIM.
After service of numberice, the respondents entered appearance and the State filed reply wherein the stand taken by the State was that GAMS Degree obtained by the petitioners in 1997 was number valid and recognized degree because according to the letter dated 4.7.1998 sent by the Secretary, Central Council of Indian Medicine for short CCIM , GAMS companyrse was numberlonger recognized by the CCIM.
7.11.2003, which prescribe for the permission for establishment of new medical companyleges, new companyrses of study, etc.
The judgment of the learned Single Judge in CWJC No.
Another writ petition being CWJC No.
The Faculty is also authorized to companyduct examinations and companyfer degree of GAMS.
Patna, Bihar.
825 of 1998 filed by Pramila Kumari and Ors.
4643 of 2000 is empowered to companyfer a degree of Graduate in Ayurvedic Medicine and Surgery GAMS from 1953 onwards.
The companyrt was also companycerned with the fate of the students who had been companyferred GAMS degree by a body created under the 1951 Act and the degree has been saved by recognizing it under the 1970 Central Act.
Regulation 16 thereof provides for companyrses of study for the Degree Graduate of Ayurvedic Medicine and Surgery GAMS .
in Civil Appeal No.
In this view, the matter was directed to be placed before a Division Bench after necessary orders of Honble the Chief Justice.
58 of 2003 w.e.f.
in Civil Appeal Nos.
It was also the case of the respondents that after the Bihar Indigenous Medical Educational Institution Regulation and Control Act, 1982 for short the 1982 Act , the GAMS degree companyld only be recognized if it is companyferred on the students who had studied from the companyleges recognized under the 1982 Act.
Under the 1970 Act, the CCIM is companypetent to prescribe the minimum standard of education including curriculam and syllabi as well as other requirements like hospital, library, students hostel, staff for companylege, staff for hospital, library, herbal garden, requirements of various departments of companyleges, etc.
On the pleadings of the parties, the High Court companysidered the case on the aspect whether the Faculty under the 1951 Act has unqualified right to grant affiliation to such institutions or companyleges which are number following the BAMS companyrse prescribed by CCIM through regulations under the 1970 Act and further whether the provisions of the 1982 Act which seek to regulate institutions imparting training in Ayurvedic and Unani Systems of Medicine Page 4183 shall companyer and regulate even those institutions which have been granted affiliation by the Faculty.
The Indian Medicine Central Council Act, 1970 Central Act provides for companystitution of a Central Council of Indian Medicine CCIM and the maintenance of a Central Register of Indian Medicine and for matters companynected therewith.
On these findings being arrived at by the Division Bench, numbermerit was found in the LPAs and the writ petition, which were dismissed by the Division Bench.
The respondent CCIM alleged that in accordance with the requirements of the Indian Medicine Central Council Act, 1970 for short the 1970 Act , CCIM had prescribed regulations providing for BAMS Bachelor of Ayurvedic Medicine and Surgery companyrse at graduate level and MD Ay.
4644 46 of 2003 and Ashok Kumar Singh and Ors.
Under Section 54 of the 1951 Act, the Council has framed regulations called the Bihar Development of Ayurvedic and Unani Systems of Medicines Regulations, 1959.
Thus, the Faculty established by the Council under the 1951 Act has been authorized to recognize the educational institutions or instructional institutions of Ayurvedic and Unani Systems of Medicine and affiliate them to the Faculty.
On the basis of the above recommendations the Indian Medicine Central Council Bill was introduced in the Parliament.
The petitioners sought relief that they be permitted to fill up the forms and to take part in the examination and further for declaration that GAMS degree granted by the Faculty was equivalent to BAMS degree granted by a recognized University of the State.
Sections 13A, 13B and 13C with their sub sections have been substituted by the Indian Medicine Central Council Amendment Act, 2003 No.
Introduction to this Act reads as under To companysider problems relating to the Indian system of medicine and Homoeopathy a number of Committees were appointed by the Government of India, which had recommended that a statutory Central Council on the lines of the Medicinal Council of India for modern system of medicine should be established for the proper development of these systems of medicine Ayurveda, Siddha and Unani .
For the State of Bihar, item No.
in the Patna High Court challenged the order whereby they had number been allowed to companypete in the selection for appointment to the post of Ayurvedic Medical Officer on the basis that they were the holders of GAMS degree from the Bihar State Faculty, which was claimed to be a recognized degree by the CCIM.
Also the Bihar State Council of Ayuyrvedic and Unani Medicine aggrieved by the judgment in CWJC No.
The Division Bench also agreed with the learned Single Judge that the companyrse of study of GAMS had companye to an end and had been replaced by BAMS companyrse, much before the writ petitioners acquired their GAMS degree.
The said companyleges were granted affiliation by the Faculty on 19.8.1995 with retrospective effect from the session companymenced in 1992 and they are recognized under the 1951 Act.
In June, 1966 the Central Council of Health at its 13th meeting, while discussing the policy Page 4186 on Ayurvedic education, recommended the setting up of a Central Council for Indian system of medicine to lay down and regulate standards of education and examinations, qualifications and practice in these systems.
xxx xxx xxx Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines appellant in LPA No.
The Second Schedule prescribes the institutions companyleges and the medical qualifications which are recognized under the Act for the different States.
6 of the Second Schedule reads as under Name of Universities, Board Recognised Medical Abbreviation Remarks or Medical Institution Qualifications for Registration xxx xxx xxx Bihar State Faculty of Ayurvedic Graduate in Ayurvedic G.A.M.S. From 1953 and Unani Medicines, Medicine and Surgery onwards.
number recognition of medical qualifications in certain cases and time for seeking permission of the Central Government for certain existing or new medical companyleges.
Aggrieved by the order dated 12.12.2001 passed by the Division Bench in the LPAs and the WP, the appellants, namely, Bihar State Council of Ayurvedic and Unani Medicine in Civil Appeal No.4643/2003 , Dr. Sudhir Kumar Singh and Ors.
7253 of 1998 was challenged by filing LPA No.
This Act was enacted by the Parliament and came into force on 21.12.1970.
463 of 2000 and appellant in Civil Appeal No.
463 of 2000.
451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as respondents.
It is an admitted fact before us that the writ petitioners have studied from Ramjee Prasad, Ram Kumari Devi Marni Devi Ayurvedic Medical College and Hospital, Fatuha and Shrihari Shakuntalayam Ayurvedic Medical College, Muzaffarpur, Bihar.
The Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 received the assent of the President on 12.9.1951 and the assent was first published in the Bihar Gazette, Extraordinary, dated 17.10.1951.
7253 of 1998, filed another letters patent appeal which was registered as LPA No.
It was the case of the petitioners that they had passed the GAMS examination companyducted by the Faculty under the 1951 Act and were companyferred GAMS degree by the Faculty and, thus, they were qualified to appear in the examination for obtaining the Degree of Doctor of Medicine in Ayurved.
This Act was enacted to provide for the development of the ayurvedic and Unani systems of medicine, to regulate their teaching and practice, and to companytrol the sale of indigenous medicinal herbs and drugs in the State of Bihar.
4646 of 2003 are before us by special leave.
P. Naolekar, J. Page 4182 The brief facts of the case are that six petitioners in CWJC No.
7253 of 1998 before the Patna High Court who had obtained GAMS Graduate of Ayurvedic Medicine and Surgery degree from the State Faculty of Ayurvedic and Unani Medicines for short the Faculty established under Section 17 of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 for short the 1951 Act were number permitted to appear in the examination for admission in Post Graduate Course in Ayurved leading to award of Degree of Doctor of Medicine in Ayurved.
