UMA SHANKAR CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four writ petitions have been filed at different times by different doctors of Ayurvedic Medicine and have a common issue. The issue is with regard to their promotions as teachers in Ayurvedic Medical Science in Government Ayurvedic Medical Colleges. The common question is with regard to the interpretation of the relevant clauses of the Indian Medicine Central Council (Minimum Standard of Education in Indian Medicine) Regulation, 1986, as amended from time to time, especially in 1989 and the effect of its further amendment in the year 2012. These regulations are made with reference to Section-22 read with Section-36 of the Indian Medicine Central Council Act, 1970 (Parliamentary Act No. 48 of 1970). In these four writ petitions, though the question of law involved is of general application for all Ayurvedic doctors, there are six doctors involved who are divided in two groups. One consists of two doctors, who are mere graduates, having the degree of Bachelor in Ayurvedic Medicine Science (BAMS). They are Dr. Deovrat Narayan Singh and Dr. Saroj Kumar Mishra. The second group consists of four doctors who have Post Graduate degrees in Ayurvedic Medical Science i.e. MD (Ay.) MS (Doctorate in Ayurvedic Medical Science). They are Dr. Dineshwar Prasad, Dr. Sumeshwar Singh, Dr. Binod Pathak and Dr. Uma Shankar Chaturvedi, for the sake of brevity the two sets of doctors aforesaid would be referred to non PG doctors and PG doctors.

(2.) The contention of the PG doctors would be that after the amendment to the regulations in 1989, no doctor having no PG educational qualification, however senior they may be, could not be promoted to the post of Reader or Professor as the amendment to the regulations in 1989 clearly provided the educational qualification for the post of Reader and Professor to be minimum Post Graduate. The non PG doctors contend that they having been recruited in the teaching branch prior to 1989 amendment to the regulations, the minimum educational qualification provided for the purpose of Reader and Professor by the 1989 regulation, would not apply to them and their promotion would be dependent upon their seniority. They are entitled to be promoted to the post of Reader and Professor notwithstanding that they not having acquired any Post Graduate degree in Ayurvedic Medicine. It is the correctness of the opposite stands taken by the two groups that has to be seen.

(3.) Mr. Rajendra Narayan, learned senior counsel, with his usual ability and persuasion, has tried to impress upon the Court that the amendment to the regulations prescribing minimum educational qualification for the post of Reader/Professor as made in 1989, if read with relevant part of the amendment to the regulations as made in the year 2012, would clearly show that the amendment is prospective in its application. Meaning thereby it would have no application to persons who were already Lecturers prior to 1989 amendment without Post Graduate degree. They would, accordingly, be entitled to promotion to the post of Reader and Professors depending upon their seniority and of course availability of posts. To support this contention, he has relied upon the series of circulars issued by the Central Government, the Central Council for Indian Medicine, the State of Bihar and consequential steps taken pursuant thereto. In fairness to the learned senior counsel, it must be noted that he has brought to the notice of the Court certain orders of this Court to buttress his submissions, which would be appropriately dealt in course of this judgment.