Every colleges established prior 2003 will have to get a recognition/permission from the central Government for validily practice medicine -High Court Of Patna
Every Colleges Established Prior 2003 Will Have To Get A Recognition/permission From The Central Government For Validily Practice Medicine-High Court Of Patna
TITLE-rakesh singh vs Union of India & Ors
DECIDED ON-5/12/2023
+CWJC No.20683/2019
CORAM-HON’BLE THE CHIEF JUSTICE & HON’BLE JUSTICE MR.RAJIV ROYB
INTRODUCTION
As Petitioner filed a writ petition challenging the validity of the course conducted by the institutes under the aegis of the state medicine council where the Hon’ble Court dismiss the writ petition
FACTS
As per the facts The petitioner took admission to the Graduate of Ayurvedic Medicine and Surgery (GAME) 5 years years course 1996-2001 batch were 1st,2nd and 4th year examination are conducted by the college while 3rd and 5tg year examination is taken by the state faculty of Ayurvedic and unani medicines under The Bihar State Ayurvedic and Unani Medicine Council,Patna were 3 year known to be preliminary and 5th year final examination.The Petitioner appeared in all four years examination but before he could participate in 5th year examination a writ petition was filed challenging the validity of the course conducted by the institutes under the aegis of the State Medicines Council and Matter went to the Hon’ble Supreme Court.Later to the decision Ministry of Health and Family Welfare, Government of India issued notification dated 25/06/2010 under section 14(2) of the Indian Medicine Central council Act,1970.The validity of the Graduate in Ayurvedic Medicine and Surgery course conducted under the aegis of the state Faculty of Ayurvedic and Unani Medicines was restricted to the period between 1953 to 2003.According to the petitioner after the notification the state faculty conducted an examination in the month of April,2012 in which the petitioner participated and qualified even the state faculty granted provisional certificate to the petitioner which was followed with a resignation with the Bihar State Council of Ayurvedic and Unani Medicines but later the council Constituted a committee to inquire into the matter which found that the institute from which the petitioner is alleged to have qualified is a fraudulent one.The committee on 9/03/2016 which the resigtration if the petitioner stood cancelled.The same is under challenge in the writ petition.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court the court look at the decision of the Hon’ble supreme court were the question raised was the eligibility if six writ petitioners who had obtained a G.A.M.S degree from the State Faculty of Ayurvedic and Unani Medicines established under section 17 of the State Act of 1951 and question also arose of yeh amendment brought about in the Act of 1970 in the year introduced 2003 by the introduction of Section 13-A,13-B and 13-c for the purpose of the continuance of the institution.As per the Hon’ble supreme court categorically found that the phrase employed in the provision on or before clarified unequivocally that the existing colleges are also required to seek permission and there is no question of an exemption as the judgement clearly indicates that even college established prior to 203 will have to get a recognition/permission from the central Government which alone would entail those obtaining medical qualifications subsequent to 2003 after the said amendments came into force to validity practice medicine.Hence when a degree is conferred prior to the commencement of the amendment act 2003 treated as a recognised degree even if the medical College had but sought for and obtained permission of the central government before that or within a period of three years from the commencement of the Amending Act 2003 .As per the court the notice of the amendment brought to the Act of 1970 was only make it in consonance with the decision of the Hon’ble supreme court.The G.A.M.S degree granted by the state Faculty of Ayurvedic and Unani Medicines within the state of Bihar would be recognised only if the grant of degree is between 1953 to 2003 this does not help the petitioner nor can the examination conducted in 2012 be said yi be one carried out pursuant to the notification of 2010 and court do not find reason to interfere with the amendment made to tha Act of 1970 nor find a reason to accept the contention of the petitioner against the cancellation of his registation and dismiss the writ petition.
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