2007 Supreme(SC) 1412

2007(8) Supreme 28
Supreme Court of india
(From Patna High Court)
B.N. Agrawal, P. P. Naolekar, JJ.
Bihar State Council of Ayurvedic and Unani Medicine — Petitioner
versus
State of Bihar & Ors. — Respondents
Appeal (civil) 4643 of 2003
With
Civil Appeal Nos. 4644-4645 of 2003
Dr.Sudhir Kumar Singh & Ors. — Appellants
versus
State of Bihar & Ors. — Respondents
AND
Civil Appeal No. 4646 of 2003
Ashok Kumar & Ors. — Appellants
versus
State of Bihar & Ors. — Respondents
Decided on : 01-11-2007

important point
Sections 13A, 13B and 13C of the Indian Medicine Central Council Act, 1970 have application from the date they have been introduced by the amendment.

Headnote:(a)GAMS Degree – Under the Indian Medicine Central Council Act, 1970, the State Faculty established under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 empowered to confer a degree of GAMS since 1953 – The 1970 Act not repealing the 1951 Act, and the Second Schedule thereof itself recognizing the GAMS degree – Hence it could not be said that the course prescribed by the Faculty for conferment of a degree of GAMS was de-recognised under the 1970 Act – The 1970 Act prescribes course for conferment of a degree of BAMS by a University, whereas the 1951 Act prescribes course for conferment of a GAMS degree by State Faculty – Degree conferred by a university and degree conferred by a faculty were different for which separate courses had been prescribed. (Para 11)

       (b)Constitution of India – Article 258 – The Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 is consistent with the Indian Medicine Central Council Act, 1970 in regard to granting of the GAMS degree, as the degree granted under the 1951 State Act is still recognized under the 1970 Act – The 1951 Act and the 1970 Act are complementary to each other – The Faculty comes under the definition of ‘medical institution’ under Section 2(f) of the 1970 Act and GAMS degree awarded by the Faculty is a recognised medical qualification under Section 14 thereof – The Second Schedule of the 1970 Act grants authority to the Faculty to grant GAMS degree – Hence held that it was erroneous, to hold that after introduction of the BAMS degree, GAMS degree was de-recognised or not in operation – Impugned judgment set aside. (Para 12)

       (c)Bihar Indigenous Medical Educational Institution (Regulation and Control) 1982 – Sections 3, 5,6 and 7 – There is no provision taking away the degree already granted to the students conferred by the Faculty, recognized under the 1951 Act, and is being accepted to be a recognized degree under the 1970 Act – Hence, it could not be said that the degrees conferred on the students who had studied in the colleges which had not been granted permission by the State Government as required under the 1982 Act, would be ipso facto illegal and could not be given effect to. (Para 20)

       (d)Interpretation of Statute – Where the legislature has used words in an Act which if generally construed, must lead to palpable injustice and consequences revolting to the mind of any reasonable man, the court will always endeavour to place a reasonable limitation on such words – Well settled that a construction ought not be put that would work injustice, or even hardship or inconvenience, unless it is clear that such was the intention of the legislature – It is a cardinal rule of interpretation of the statutes that when the language of the legislature admits of two constructions, the court should not adopt the construction which would lead to an absurdity or obvious injustice – The court must always lean to the interpretation which is a reasonable one, and discard the literal interpretation which does not fit in with the scheme of the Act. (Paras 24 and 25)

       (1962) 1 SCR 896; AIR 1973 SC 1461; (1996) 3 SCC 644; AIR 1986 SC 137 – Relid upon.

       AIR 1959 Punj. 497 – Noticed with approval.

       (e)Indian Medicine Central Council Act, 1970 (as amended in 2003) – Sections 13A, 13B and 13C – After introduction of these sections new or existing colleges cannot grant a recognized qualification without the sanction of the Central Government – However, the amendment would not render the medical qualifications already granted by the existing colleges before the insertion of Sections 13A, 13B and 13C in 2003, un-recognised. (Para 27)

       (f)Indian Medicine Central Council Act, 1970 (as amended in 2003) – Section 13B – A degree legally conferred prior to the commencement of the Amending Act, it shall be treated as a recognized degree notwithstanding the medical college not seeking permission of the Central Government within the stipulated time frame – Therefore as the writ petitioners were conferred the qualifications before coming into force of section 13B, it did not apply to them – Impugned judgment set aside. (Para 28)

       Facts of the case:

       1.The brief facts of the case are that six petitioners before Patna High Court who had obtained GAMS (Graduate of Ayurvedic Medicine and Surgery) degree from the State Faculty of Ayurvedic and Unani Medicines established under Section 17 of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 were not permitted to appear in the examination for admission in Post Graduate Course in Ayurved leading to award of Degree of Doctor of Medicine in Ayurved.

       2.The High Court (Single judge) held that the system of course for GAMS had come to an end for quite some time and BAMS course has been followed as per the regulations of CCIM; hence, only on the basis of a continued entry in the Second Schedule of the 1970 Act which recognized GAMS degree, which is in the view of the High Court is archaic, no right can be found in the person or institution to ignore the course validly prescribed by the competent authority-CCIM.

       3.Another writ petition being CWJC No. 825 of 1998 filed by Pramila Kumari & Ors. in the Patna High Court challenged the order whereby they had not been allowed to compete in the selection for appointment to the post of Ayurvedic Medical Officer on the basis that they were the holders of GAMS degree from the Bihar State Faculty, which was claimed to be a recognized degree by the CCIM. The petitioners sought relief that they be permitted to fill up the forms and to take part in the examination and further for declaration that GAMS degree granted by the Faculty was equivalent to BAMS degree granted by a recognized University of the State.

       4.Division Bench of Patna High Court dismissed the writ and the appeal.

       Findings of the Court:

       High Court erroneously held that after introduction of the BAMS degree, GAMS degree was de-recognised or not in operation.

       Result : Appeals allowed.