IMPORTANT POINT
Medical qualifications granted by institutions without prior permission from the Central Government are not recognized, and degrees conferred after 2003 require institutional recognition to be valid.

JUDGMENT :

(K. Vinod Chandran, CJ.) :

The petitioner is said to have qualified the Graduate of Ayurvedic Medicine and Surgery (for brevity “G.A.M.S.”) Course conducted in the Shrihari Shakuntalayam Ayurvedic Medical College and Hospital, Muzaffarpur, Bihar which had a permanent recognition and affiliation with effect from the academic year 1992 in terms of Sections 13, 14 and 15 of the Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951.

2. The petitioner took admission to the G.A.M.S. course in the academic year 1996, of the five-year course (19962001 batch) while the 1st, 2nd and 4th year examinations are conducted by the college, the 3rd and 5th year examination is taken by the State Faculty of Ayurvedic and Unani Medicines under the Bihar State Ayurvedic and Unani Medicines Council, Patna (for brevity “Medicines Council”); which examination of the 3rd and 5th year were known as preliminary and final examinations respectively.

3. The petitioner appeared in all the four years examinations but before he could participate in the 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. The matter went up to the Hon’ble Supreme Court decided in Bihar State Council of Ayurvedic and Unani Medicine v. State of Bihar reported in (2007) 12 SCC 728.

4. 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 (48 of 1970) (for brevity “Act of 1970”) along with other amendments, amending inter alia Item No. 6 of Column 4 of Schedule II applicable to the State of Bihar. The validity of the Graduate in Ayurvedic Medicine and Surgery Course conducted under the aegis of the State Faculty of Ayurvedic and Unani Medicines, Patna, Bihar was restricted to the period between 1953 to 2003.

5. According to the petitioner, after the said notification, the State Faculty conducted an examination in the month of April, 2012 in which the petitioner participated and qualified. The petitioner also is said to have been subjected to an internship and a completion certificate was issued as on 15.01.2013. The State Faculty granted provisional certificate to the petitioner which was followed with a registration with the Bihar State Council of Ayurvedic and Unani Medicines.

6. Later on the basis of a complaint, 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 accordingly submitted its report on 09.03.2016, based on which the registration of the petitioner stood cancelled. The same is under challenge in the writ petition.

7. Shri Rajendra Narayan, learned Senior Advocate appearing for the petitioner submitted that once registered he started practicing medicine and thus the cancellation was made arbitrarily. It is argued that the amendment to the Act of 1970 was brought in the year 2010, thus recognizing the G.A.M.S. Course which is carried out till 2003. It is based on this amendment in the year 2010 that the 5th year examination was conducted by the State Faculty, which conferred the degree on the petitioner, enabling his practice in medicine. It is argued that the decision of the Hon’ble Supreme Court squarely permits the continuance of practice of the petitioner and also similarly situated persons.

8. Shri Janardan Prasad Singh, learned Senior Advocate appearing for the National Commission for Indian System of Medicine, which has superseded the Central Council of Indian Medicine (the 8th respondent) points out that the decision of the Hon’ble Supreme Court is against the petitioner. The petitioner is not a person who qualified prior to 2003 and hence, if at all the subsequent qualification is to be recognized and registration granted, the Institute from which he studied should