state council of ayurvedic and unani medicines bihar enlisted

The judgment of the learned Single Judge in CWJC No. lohia nagar, patna-800020 (bihar) apply now: superintendent of police patna: to the dsp & pio o/o superintendent of police patna bihar pin code – 800001 apply now It is then contended by the learned counsel for the State that after the coming into force of the Indian Medicine Central Council (Amendment) Act, 2003 (for short “the Amending Act”) on 7-11-2003, if any medical college established on or before the commencement of the amending Act does not seek permission of the Central Government within the period of three years from the said commencement, the medical qualification granted to any student of such medical college shall not be deemed to be a recognised medical qualification for the purposes of the 1970 Act. The phrase “on or before” has made it clear that the existing colleges are also required to seek permission and there is no exemption. So the colleges or the institutions which want to impart education in the indigenous system of medicine have not only to follow the conditions laid down by the Faculty or the Council under the 1951 Act, but also under the 1982 Act. Central Council Act, 1970 (for short the 1970 Act), Central Council (Amendment) Act, 2003 (58 of 2003), sub-section (1), the provisions of Section 13-B, provisions of Sections 13-A, 13-B and 13-C, Parliament.19. WITH CIVIL APPEAL NOS. A photostat copy of the mark-sheet for Ayurved Ratna, II part dated 21-8-90 has been annexed as Annexure 3 with the petition. The petitioner pleaded to have been registered by a State Council of Ayurvedic and Unani Medicines, of Bihar, Patna registering the petitioner as a Vaidya practising at Village Jalapur Distt. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Section 13-A nowhere provides that the students who have studied in the medical college would be eligible to seek permission of the Central Government under that section. 46. 463 of 2000 and the appellant in Civil Appeal No. S.B Sanyal, Senior Advocate (Akhilesh Kr. subject to the rules as may be prescribed by the State Government in this behalf. In such a situation, the question arises what shall happen to the degrees conferred on the students who have studied in the medical colleges established prior to the commencement of the amending Act where the governing body or organising committee or any body or institution does not take any step for seeking permission of the Central Government and the period prescribed under Section 13-C of three years has expired or where the institution has been closed down immediately after the commencement of the amending Act of 2003 and, therefore, no body is interested in seeking permission of the Central Government. 4643 of 2000) is empowered to confer a degree of Graduate in Ayurvedic Medicine and Surgery (GAMS) from 1953 onwards. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. * Enter a valid Journal (must In case of continuing contravention, such person shall be liable to pay a further fine which may extend to Rs 1000 per day after the date of the first conviction for the period during which he is proved to have persisted in such contravention. 4646 of 2003. Section 13-C(2) further provides that the medical qualification granted by existing colleges whose establishment has not been recognised by the Central Government, the medical qualification would not be a recognised qualification. 24. Section 22 deals with persons entitled to be registered. For the purposes of the 1970 Act, “Indian medicine” is a system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb. 463 of 2000. Although the colleges were opened in the year 1992 without the authority or the permission of the State Government as required under the Act, no steps have been taken by the State of Bihar, and the students admitted in the two institutions which were affiliated with the Faculty were conferred with the GAMS degree. It also provides that in case the application is not moved within the stipulated period or the State Government refuses permission, they will be deemed to have been established in contravention of the provisions of the Act. Right to Information Application form. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982). 11. The 1951 State Act and the 1970 Central Act are complementary to each other. 2 (d) "Medical practitioner" or "practitioner" means a person who is engaged in the practice of modern scientific medicine in any of its branches including surgery and obstetrics, but not including veterinary medicine or surgery or the Ayurvedic, Unani, Homoeopathic '[system of medicine]. The provisions of Sections 13-A, 13-B and 13-C of the 1970 Act as introduced by the amending Act of 2003, if given retrospective operation, the medical qualification acquired from the study in the medical colleges which have been opened prior to the commencement of the amending Act of 2003 and conferred medical qualification on the students who studied in such medical colleges, the degrees so conferred in the absence of the permission of the Central Government would be non est though there is no fault on the part of the students who have studied in the institutions which are recognised and affiliated to the Faculty under the 1951 Act. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. That has been provided under the 1982 Act. (in Civil Appeals Nos. 49. Out of the two interpretations, that language of the statute should be preferred to that interpretation which would frustrate it. The Ordinance was later replaced by introduction of the Act viz. 40. Medical colleges opened on or before the coming into force of the amending Act of 2003 are necessarily required to take permission within three years to save the recognised medical qualification of the students. For a better understanding of the contentions, the relevant portions of the sections are reproduced hereunder: 44. It is an admitted fact before us that the writ petitioners have studied from Ramjee Prasad, Ram Kumari Devi @ Marni Devi Ayurvedic Medical College & Hospital, Fatuha and Shrihari Shakuntalayam Ayurvedic Medical College, Muzaffarpur, Bihar. Under the 1951 Act, Section 17 provides for the establishment of the Faculty. The manner in which the affiliation is to be given is provided in Chapter II of the 1959 Regulations whereunder an application for affiliation of an institution shall be made to the Registrar, State Council of Ayurvedic and Unani Medicines, Bihar. After service of notice, the respondents entered appearance and the State filed reply wherein the stand taken by the State was that GAMS degree obtained by the petitioners in 1997 was not valid and recognised degree because according to the letter dated 4-7-1998 sent by the Secretary, Central Council of Indian Medicine (for short “CCIM”), GAMS course was no longer recognised by CCIM. The Faculty is also authorised to conduct examinations and confer degree of GAMS. A. Before confirming, please ensure that you have thoroughly read and verified the judgment. In series of judgments of this Court, these exceptional situations have been provided for. Enter your email address below and we'll send you password reset instructions. Relaxation in the upper age limit is as follows: Eligible aspirants can fill and submit the State Health Society Bihar Community Health Officer application form on or before the last date i.e, 10th January 2020. Its main function is to register Ayurvedic and Unani practitioners in the state of Himachal Pradesh and regulate the practice in such systems. AYUSH doctors to be trained in Certificate in Community Health: Applicants must be Bachelor in Ayurvedic Medicine and Surgery (BAMS) or Bachelor in Unani Medicine and Surgery (BUMS) or Bachelor in Homeopathic Medicine and Surgery (BHMS) from recognized university or institution, They should have permanent registration from a State Council of Ayurvedic and Unani Medicine, Bihar, Patna and for Homeopathic doctors, Bihar State Homeopathic Board, Bihar, Patna, Working regular Ayurvedic/Homeopathic/Unani doctor under Govt. Therefore, by virtue of introduction of the 1982 Act, it cannot be said that the degrees conferred on the students who have studied in the colleges which have not been granted permission by the State Government as required under the 1982 Act, will be ipso facto illegal and could not be given effect to. Insertion of Section 13-A in the 1970 Central Act. 38. Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982 (for short the 1982 Act). To, The Registrar, Council of Ayurvedic and Unani Medicines, Bihar. 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 recognised university of the State. A. It is a cardinal rule governing the 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. We would also be required to consider the effect of the Indian Medicine Central Council (Amendment) Act, 2003, particularly Sections 13-A, 13-B and 13-C which have been substituted by way of amendment in the 1970 Act and came into force on 7-11-2003, on the degrees conferred on the students who have studied in the colleges which have not sought or have not been given permission as required under Section 13-C of the 1970 Act to open the college or continue the college, by the Central Government. GNM/B.Sc Nurses to be trained in Certificate in Community Health: Candidates should have completed General Nurse and Midwifery (GNM) from a recognized institute or Bachelor of Science in Nursing from a recognized university or institution, They should have permanent registration from an Indian Nursing Council or any State Nursing Council, Working as a regular Staff Nurse, GNM/B.Sc Nursing under Govt. This job offers a good pay scale as follows: Interested candidates should send the duly filled application form before the last date i.e 14th July 2020. 4646 OF 2003 Ashok Kumar & Ors. Application For Registration. Ayurvedic Medical Officer & Ayush Physician (Ayurvedic) B.A.M.S. Under Section 13-B, any medical qualification granted by the colleges established without the prior permission of the Central Government is not a recognised medical qualification. Been provided for grant GAMS degree to the Rules and Regulations, provisions of the Council establish! 1998 was placed along with the petition appearing in this behalf short 1982... 4644-46 of 2003 ), Dr. Sudhir Kumar Singh & Ors state council of ayurvedic and unani medicines bihar enlisted the. 1981 Ordinance or the 1982 Act shall apply have examined the provisions of the Council to establish educational institutions prescribe. As may be empowered to confer a degree of GAMS the judgment of the sections are reproduced hereunder 44. 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