RATIONAL COMMITTEE OF HOMEOPATHIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) CWJC No. 5795 of 2007 : Rational Committee of Homoeopathies and Ors. v. State of Bihar and Ors. 1. In this writ application, the Committee of Homoeopathies and some of its members who are all holding Diplomas in Homoeopathic Medicine and Surgery (DHMS) have challenged the advertisement issued by the respondent -Udhmita Vikas Sansthan established as a part of National Rural Health Programme for appointment of Homoeopathic/Ayurvedic/Unani Doctors on contract basis in which so far as Homoeopathies are concerned, the educational qualification, eligibility has been set as Bachelor in Homoeopathic Medicine and Surgery (BHMS) or its equivalent degree. The submission of petitioners is that though the Diploma holders in Homoeopathic Medicine and Surgery (DHMS) are qualified to practice as Homoeopath, by reason of the said advertisement, they are not eligible and the exclusion thereof is arbitrary and unwarranted denying equal opportunity of employment under State to all. In CWJC No. 13583 of 2007 : Dr. Nitya Kaushal Sinha and Ors.:

(2.) THE writ petitioners have challenged the action of the respondent in accepting application forms for the above mentioned appointment from DHMS who had got their Diplomas prior to 11.05.1983 which is the date of promulgation and enforcement of Homoeopathy (Graded Degree Course), BHMS Regulations 1983 and Homoeopathy (Degree Course) BHMS Regulations 1983 on the ground that DHMS is not equivalent to BHMS. Not being equivalent, acceptance of their applications is bad. In CWJCs No. 3777 and 3467 of 2008:

(3.) IN substance, in the first writ application, the challenge is that equals, i e DHMS and BHMS, are being treated unequally. In the second writ application, the challenge is that DHMS and BHMS being unequals cannot be treated equally and in the third, the challenge is that DHMS holders, who have received their Diploma Degrees prior to 11.05.1983 being equal in all respects to DHMS who pursued the same course and whose sessions started prior to 11.05.1983 and to whom Diploma Degrees were awarded after the said date cannot be treated differently and such a treatment would be treating equals unequally. Thus, the challenges are based on Article -14 of the Constitution of India.