ASHFAQUE ANSARI Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This petition is filed challenging the amendment to the Second Schedule to Indian Medicine Central Council Act, 1970 (for short IMCC Act, 1970) vide Notification dated 25.06.2010 issued by the Ministry of Health and Family Welfare, Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy, and also to quash the orders dated 01.05.2014 passed by the Respondent Nos. 2 and 4, and consequently, to direct the respondents to grant registration to the petitioner?s qualification of GAMS (Graduate in Ayurvedic Medicine and Surgery) obtained in the year 2012.

(2.) The petitioner who hails from the State of Bihar, joined GAMS course conducted by the Respondent No. 7 College in the Academic Session 1996 -97. While he was undergoing the said course, a dispute arose regarding the validity of the GAMS degree conferred by the State faculty of Ayurvedic and Unani Medicines, established under Section 17 of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 (for short „State Act, 1951?) and therefore, no examinations were conducted after the year 2000 for GAMS course. Ultimately, the dispute was concluded by the judgment of the Supreme Court of India dated 01.11.2007 in Civil Appeal No. 4643/2003 titled Bihar State Council of Ayurvedic v State of Bihar and others, (2007) 12 SCC 728, wherein it was held that the GAMS degree shall be treated as a recognised degree for the purposes of taking admission to the higher courses of study and also for the purposes of employment. Even thereafter, the Respondent No.6/Bihar State Ayurvedic and Unani Chikitsa Parishad failed to conduct the examinations of GAMS course and finally the Chairman of the State Faculty of Ayurvedic and Unani Medicine, in exercise of the powers vested in him under Section 17 of the State Act, conducted the exams in the month of April, 2012. Having appeared for the said examinations, the petitioner cleared all the left over subjects of GAMS course and has been declared passed. He was also issued provisional certificate by Bihar State Ayurvedic and Unani Chikitsa Parishad (for short „Bihar Parishad?) and the petitioner had also completed the compulsory internship from 06.08.2012 to 05.02.2013. Thereafter, on 10.10.2013, the petitioner made an application before the Delhi Bhartiya Chikitsa Parishad, (for short „DBCP?), Department of Health and Family Welfare, Government of NCTD, for registration of his GAMS qualification.

(3.) By letter dated 31.12.2013, DBCP informed the petitioner that the registration as sought by him cannot be granted for various reasons stated therein. The petitioner filed Writ Petition No.80/2014 and the same was disposed of by this Court by order dated 06.01.2014 holding that the impugned order dated 31.12.2013 was only a notice to show cause and, therefore, the petitioner should present its defence before the Statutory Authority who shall decide the same in accordance with law. In pursuance thereof, the DBCP/Respondent No.4 herein passed an order dated 01.05.2014 stating that the GAMS qualification obtained by the petitioner from State Faculty of Ayurvede and Unani Medicine, Patna after 2003 is not recognised for any purpose and therefore, the registration with DBCP cannot be granted. The said order is based upon the information obtained from Central Council of Indian Medicine/Respondent No. 2, (for short „CCIM?) vide letter dated 01.05.2014 stating that GAMS qualification awarded by State Faculty of Ayurveda and Unani Medicine, Patna is included in the Second Schedule to IMCC Act, 1970 as a recognised medical qualification from 1953 to 2003 and therefore, the petitioner?s qualification obtained after 2003 is not recognised and valid for any purpose.