RAJESH KUMAR SRIVASTAVA Vs. A P VERMA

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri S. M. A. Kazmi, learned Advocate General, U. P assisted by Shri J. K. Tiwari, learned Standing Counsel for State and Shri K. A. Usmani, learned Counsel for applicant.

(2.) ON 18-7-2006, the Court had passed following orders: (1) Heard Shri K. A. Usmani, learned Counsel for applicant and Shri J. K. Tiwari, learned Standing Counsel appearing for the State. (2) By order dated 11-7-2006, the Court had directed the State Government to submit a reply to the allegation whether the courses of eight State Owned Medical Colleges imparting education in Ayurved and Unani Medicine affiliated to Chhatrapati Shahuji Maharaj University, Kanpur, are recognised by the Indian Medicine Central Council Act, 1970 (in short the Act ). (3) Shri Prashant Trivedi, Secretary, Medical Education, U. P. Government, Lucknow has filed an affidavit stating in paragraphs 4, 5, 6, 7 and 8 as follows: " (4) That the aforesaid matter was again taken up on 11th July, 2006 by the Hon'ble Court, the Court further directed that in case the reply is not filed, the Court shall stop admission of the students from CMMT to these colleges and further directed to take up the matter on next Tuesday. (5) That from fax message dated 13-7-2006 sent by the Standing Counsel, the deponent came to know about the passing of aforesaid order dated 11th July, 2006 of the Hon'ble Court. It is further submitted that the deponent came to know about the contents of aforesaid order dated 22-5-2006 on 14th July, 2006 through Sri J. K. Tiwari, Standing Counsel. (6) That after coming to know about the contents of aforesaid order dated 22-5-2006, the deponent immediately directed his subordinate officials to apprise the deponent about steps taken for getting recognition from the Indian Medicine Central Council, New Delhi. (7) That it has been informed that steps have been taken for getting recognition pertaining to courses conducted by the State run Medical Colleges pertaining to Ayurved and Unani and same will be and the said process will be completed within 6 weeks in consultation with the aforesaid Council. (8) That there is neither any wilful nor deliberate fault of the deponent in non-filing of the reply on 11th July, 2006 before the Hon'ble Court regarding the controversy in question. " (4) The averment or the reply given by the State Government has confirmed the allegation made by Mohd. Azad that the State Government is running the Ayurved and Unani courses in its eight colleges without any statutory recognition from the Indian Medicine Central Council, New Delhi. Sections 14 and 15 of the Act provide as follows: "14. Recognition of medical qualifications granted by certain medical institutions in India.- (1) The medical qualifications granted by any University, Board or other medical institution in India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act. (2) Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Government to have any such qualification recognised and the Central Government, after consulting the Central Council, may, by notification in the official Gazette, amend the Second Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date. 15. Recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in Second Schedule.-The medical qualifications included in the Third Schedule granted to a citizen of India before the 15th day of August, 1947, by any medical institution in any area which was comprised before that date within India as defined in the Government of India Act, 1935, shall also be recognised medical qualifications for the purposes of this Act. " (5) It is contended by Shri K. A. Usmani appearing for the applicant that the courses run by the State Government under the eight State run Medical Colleges were never given recognition. The affiliations with the University do not authorise the holders of the degree to practice Indian Medicine and hold office as Vaid, Siddha, Hakim or physician. They are also not entitled to sign or authenticate a medical or fitness certificate under Section 45 of the Indian Evidence Act, 1872 unless these courses are recognized and included in the Second Schedule appended to the Act. (6) In compliance with the directions issued by Supreme Court in D. K. Joshi's case, the Court is monitoring the directions for apprehending and prosecuting the unqualified and unauthorised medical practitioners. This Court has also directed the eight private Unani Medical Colleges to be closed as they had no recognition of courses run by these colleges. (7) Shri J. K. Tiwari, learned Standing Counsel informs the Court that steps are being taken by the State Government to seek recognition from the Council for the courses in Indian Medicine in all the State run Medical Colleges and that all necessary formalities will be completed within six weeks. (8) The allegation made by the applicant and the reply has confirmed the worst fear of this Court that the courses run in the State Medical Colleges of Indian Medicine are not recognized by the Indian Medicine Central Council, and are not included in the Schedule appended to the Act. All the holders of the degrees in Indian Medicine from these Medical Colleges are under the threat to be de-recognised as medical practitioners in Indian medicine. (9) This Court cannot conceive of a situation where State Government itself is a defaulter and is turning out unqualified medical practitioners in the State run Medical Colleges. The Council not only assures minimum standard of education in Indian Medicine but also regularly inspects the institutions to ensure that the minimum infrastructure and faculty is available for imparting the courses and has authority to withdraw the recognition under Section 21 of the Act, if it has been granted to any course. (10) The Court is, as such, prima facie satisfied that the State Government is not entitled to run the courses and to take admissions to these Colleges from CPMT, and to do Counselling for that purpose, until the courses run by it are recognized by the Indian Medicine Central Council. However before issuing any restraint order, it will be appropriate to grant an opportunity to the Advocate General, U. P. to appear to clarify the position. Let the application come up again tomorrow. A copy of the order shall be given to Shri J. K. Tiwari for communication of the order today itself.

(3.) THE State Government was running these unrecognised courses from 2000 to 2006 and that only on 10-7-2004 the Director, Ayurved and Unani requested to Principal Secretary, Medical Education, U. P. for sanctioning Rs. 33. 19 Crores for setting up the departments in each colleges for filling up the vacancies and making the equipments, laboratories and building in accordance with the standard set up by the Council. In para 2 of the letter, it was stated that for setting up 7 departments in each of the colleges, the State Government is required to sanction 93 posts of Professor; 90 posts of Reader; 282 posts of Senior Lecturer; 173 post of Lecturer; 166 posts of Lab Technician and other ministerial posts. THE letter further goes to show that none of these colleges except the Ayurvedic and Unani College, Muzaffar Nagar has the requisite infrastructure, namely library, hospital and faculty of teaching. THE State Government has virtually admitted that the students who have passed out in the last six years from these nine State run Medical Colleges of Indian Medicine, who appeared in the examinations from the year 2000 to 2006, are holding unrecognised qualifications and are not entitled to be registered as medical practitioner in Indian Medicine. THE affidavit further establishes that even after orders passed by this Court, absolutely no steps, except a few meetings were called to prepare a plan for getting recognition of the courses run in these colleges.