IN THE HIGH COURT OF DELHI
V. Kameswar Rao, J.
Anil Kumar Singh Bhadoria - Appellant
Versus
Union of India - Respondent
W.P.(C) 837 of 2021, CM Nos. 2139-2140 of 2021, 9482 of 2021 and W.P.(C) 1113 of 2021, CM No. 3103 of 2021 and W.P.(C) 1155 of 2021, CM No. 3272 of 2021 and W.P.(C) 1158 of 2021, CM No. 3275 of 2021 and W.P.(C) 1214 of 2021, CM No. 3393 of 2021 and W.P.(C
Decided On : 26-07-2021
Important Points
Subject
Education Law - Medical Education
Act Referred
MAHARASHTRA MEDICAL PRACTITIONERS ACT: S.17, S.23-a
INDIAN MEDICINE CENTRAL COUNCIL REQUIREMENTS OF MINIMUM STANDARD FOR UNDER-GRADUATE AYURVEDA COLLEGES AND ATTACHED HOSPITALS REGULATIONS: Reg.13, Reg.3, Reg.8
MEDICINE CENTRAL COUNCIL ACT: S.13, S.17, S.2, S.21, S.23, S.24, S.25, S.27, S.29, S.3, S.31, S.36
PRACTITIONERS OF INDIAN MEDICINE STANDARDS OF PROFESSIONAL CONDUCT, ETIQUETTE AND CODE OF ETHICS REGULATIONS: Reg.26
Headnote
| Table of Content |
|---|
| 1. introduction to case and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. overview of ccim's initial decisions and complaints. (Para 7 , 8 , 9) |
| 3. legal standing of individual teachers based on experiences. (Para 10 , 11 , 12) |
| 4. discussion on regulatory compliance and implications. (Para 22 , 25 , 264) |
| 5. arguments on the implications of the decisions on teaching faculty. (Para 73 , 74 , 75) |
| 6. final conclusion and directive for re-evaluation. (Para 270) |
JUDGMENT
V. Kameswar Rao, J.
CM No. 5401/2021 (for exemption) in W.P.(C) 1870/2021
CM No. 5473/2021 (for exemption) in W.P.(C) 1881/2021
CM No. 6874/2021 (for exemption) in W.P.(C) 2351/2021
CM No. 13803/2021 (for exemption) in W.P.(C) 4518/2021
Exemption allowed subject to all just exceptions.
Applications are disposed of.
W.P.(C) 837/2021
W.P.(C) 1113/2021
W.P.(C) 1155/2021
W.P.(C) 1158/2021
W.P.(C) 1214/2021
W.P.(C) 1215/2021
W.P.(C) 1226/2021
W.P.(C) 1271/2021
W.P.(C) 1339/2021
W.P.(C) 1352/2021
W.P.(C) 1373/2021
W.P.(C) 1855/2021
W.P.(C) 1870/2021
W.P.(C) 1881/2021
W.P.(C) 2351/2021
W.P.(C) 2621/2021
W.P.(C) 2762/2021
W.P.(C) 4167/2021
W.P.(C) 4234/2021
W.P.(C) 4263/2021
W.P.(C) 4518/2021
1. Vide this common order I shall decide the above petitions impugning the communications/orders dated January 14, 2021 and January 15, 2021 issued by the Central Council of Indian Medicine (`CCIM', for short)/arrayed as a respondent in all the above captioned writ petitions.
2. The petitioners, in all these petitions are teaching faculties at various Ayurvedic colleges recognised by the CCIM.
3. The factual background common to all the petitions filed are as follows. Respondent CCIM is an expert statutory body constituted under the Indian MEDICINE CENTRAL COUNCIL ACT ,1970 (`CCIM Act', for short) vide gazette notification extraordinary part (ii) Section 3 (ii) dated August 10,1971; as the statement of Objects and Reasons of the CCIM Act provided that considering the issues related to the Indian system of medicine and Homeopathy it was recommended that a statutory Central Council on the lines of the Medical Council of India for modern system of medicine was a pre-requisite for the proper development of these systems of medicine.
4. Since its establishment in 1971, the CCIM has been framing and implementing various regulations including the Curricula and Syllabii in Indian Systems of Medicine viz. Ayurved, Siddha and Unani Tibb at Under-graduate and Post-graduate level. The main objectives of the Central Council are (a). to prescribe minimum standards of education in Indian System of Medicine viz. Ayurved, Siddha, Unani Tib. and Sowa Rigpa; (b). To recommend Central Government in matters relating to recognition (inclusion/withdrawal) of medical qualifications in/from Second Schedule to Indian MEDICINE CENTRAL COUNCIL ACT , 1970; (c). To maintain a Central Register of Indian Medicine and revise the Register from time to time; (d). To prescribe Standards of Professional Conduct, Etiquette and Code of Ethics to be observed by the practitioners; (e). To consider and furnish the recommendation to Government of India on proposal received from various institutes from Government of India for establishment of new colleges of Indian Systems of Medicine, to increase intake capacity in Undergraduate, Post-graduate and to start new or Post graduate additional subjects.
5. Section 36 of the CCIM Act under Chapter IV grants power to the CCIM to make regulations with the previous sanction of the Central Governmental to carry out the purposes of the Act. In pursuance thereof, Indian Medicine Central Council (Requirements of Minimum Standard for under-graduate Ayurveda College and attached Hospitals) Regulations 2016 (`Regulation of 2016', for short) was framed by CCIM with the previous sanction of the Central Government, to regulate the requirement of colleges for education in Ayurveda system of medicine.
6. The Regulation 3(1)(f) of Regulations of 2016 requires CCIM to Certify that the te