Y RAMACHANDRA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a qualified Vydya Vidwan having obtained Vydya Vidwan Certificate from Andhra Ayurvedic Parishat, Vijayawada. He is working as Rural Medical Practioner since 1985 in Zilla Parishad, Cuddapah. All the qualified Rural Medical Practioners have submitted a representation to the Government to absorb them in regular vacancies. As the Government failed to do so, they filed Writ petition No. 9812 of 1987 which was disposed of by this court on 20-11-1991 directing the Government to absorb all the Rural Medical practioners who are qualified, if necessary by relexing the Rules. This petitioner is also a petitioner (Petitioner No. 44) in the said writ petition. However, the second respondent vide his letter No.1940/A2/92 dated 12-5-1992 rejected the request of the petitioner on the ground that the petitioner did not possess the requisite qualification for the post of the Medical Officer (Ayurved). As the qualification of Vydya Vidwan and Vidyacharya awarded by Andhra Ayurveda Parishath, Vijayawada and All India Ayurveda Vidyapeet, Delhi respectively are included in the 2nd schedule to the India Medicines Central Council Act, 1970, the qualification of the petitioner is equivalent to a degree. The petitioner questioned the rejection letter dated 12.5.1992 before the Central Council of India Medicine and the Secretary of the Central Council of India Medicine vide his reference No. 6-1-/92-M.G, dated 2-9-1992 addressed the second respondent informing him that Vydya Vidwan awarded by Andhra Ayurveda Parishath, Vijaywada is a recognised Medical qualification included in the 2nd schedule of the India Medicine Central Council Act, 1970. In spite of this clarification, the second respondent has not absorbed the petitioner. Hence, this writ petition.

(2.) Sri J.M. Naidu, the learned counsel for the petitioner contends that in writ petition No. 9812 of 1987 and batch filed by the petitioner and others, the High Court while allowing the Writ Petition issued directions as follows:- "The above recitals categorically show that the intention of the Government is to absorb 'A' Class Rural Medical Practitioners who are qualified fully in the posts in question. As such the Government shall absorb such of the writ petitioners coming under category 'A' as Regular Medical Practioners, if necessary, by relaxing the relevant rules, as expeditiously as possible and in any event within a maximum period of six months from the date of this order"

(3.) Therefore, according to the learned Counsel, the issue is no longer res integra. It is also further contended that under Item 2 of Schedule 2 of the Indian Medicine Central Council Act, 1970, Vaidyavidwan conferred by Andhra Ayurveda Parishad, Vijayawada is a recognised medical qualification in Indian Medicine by Universities, Boards or other Medical Institutions in India. Section 17 of the act envisages that any Medical qualification included in the 2nd schedule shall be sufficient qualification for enrolment on any State Register of Indian Medicine. Even as per Sub-Section 3 of Section 28 of Andhra Pradesh (Andhra Area) Aurvedic and Homeopathic Medical Practitioners Registration Act, 1956, any degree, diploma, licence or certificate recognized in any other part of India held by a Medical Practioner shall be deemed as Class 'A' Practioner. Therefore, according to the learned Counsel a reading of Section 17 of the Indian Medicine Central Council Act, 1970 read with Section 28(3) of Andhra Pradesh (AA) Aurvedic and Homeopathic Medical Practioners Registration Act, 1956, makes it abundantly cleat that Vaidayavidwan certificates is equivalent to a degree, and, therefore, holder of such certificate, shall be classified as Class 'A' practioner.