Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Development of Ayurvedic and Unani Systems of Medicine Act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951/Indian Medicine Central Council Act, 1970 with Amending Act of 2003; Ss.2(e), 2(f), 13(A), 13(B) & 13(C) and Schedule-II/Bihar Indigenous Medical Educational institution (Regulation & Control) Act, 1982; Ss.3, 5, 9, 11 & 13:Graduate of Ayurvedic Medicine & Surgery (GAMS) DegreeConsideration for the purpose of admission to higher course of study/employment - Degree conferred by State University/Institution in terms of 1951 Act prior to introduction of S.13(A), (B) & (C) by way of amendment in 1970 Act and also before enforcing of 1982 Act without obtaining permission to continue in terms of provisions thereunder - Legality of - Held: 1951 Act is a complete code for recognizing and granting affiliation to indigenous medical Institution by State Faculty of Ayurvedic and Unani Medicines - No provision found in 1982 Act which takes away the degree already conferred by the Faculty under 1951 Act and also accepted to be recognized degree under 1970 Act - Hence, the degree so granted will not be ipso facto illegal merely on ground that no permission sought for by the College/Institution - Following the principles of interpretation, on reasonable construction of various provisions under 1970 Act, the provisions whereby medical qualification granted to any student by the College/Institution without obtaining permission to continue would not be deemed to be a recognized qualification, would not apply - The degree legally conferred prior to commencement of Amending Act shall be treated as recognized degree - Hence, GAMS degree conferred on appellant shall be treated as a recognized degree for the purpose of admission to higher course of study and for employment - Interpretation of Statutes.Interpretation of Statutes:General construction of words used in the provisions under the Act - Causing palpable injustice - Jurisdiction of Court to place reasonable limitation - Discussed.The questions which arose for determination before this Court in these appeals were as to whether with the introduction·of the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982, the students who had studied in the colleges which were not recognized under the provisions of 1982 Act could be conferred with Graduate of Ayurvedic Medicines & Surgery (GAMS) degree by the State Faculty of Ayurvedic & Unani Medicines, and if such degrees were conferred what shall be the fate of the degrees; and what would be the effect of Sections 13(A), 13(B) and 13(C) introduced by way of Amendment Act, 2003 in the Indian Medicines Central Council 1970 Act, on the degrees conferred on the students who had studied in these colleges/Institutions which did not seek for or had not been given permission to continue these Colleges/ Institutions in terms of provisions under Section 13(C) of the 1970 Act.Appellants contended that the colleges which are affiliated to the Faculty under the Bihar Development of Ayurvedic and Unani System of Medicines Act, 1951 do not require any approval front the State Government to start or to continue the educational institution or to run the courses of study in indigenous system of medicine leading to the degree, diploma etc., as included in Second Schedule of the 1970 Act, as the 1951 Act is a self-contained code.Respondents submitted that after Bihar Indigenous Medical Educational Institution (Regulation & Control) Act, 1982 came into force, all colleges which were affiliated to the Faculty or which have to be opened, require permission of the State Government for, opening or continuing them for imparting education in indigenous system of medicine; that in case, any college or the educational institutions continues the educational facility, imparting education in indigenous system of medicine without granting permission in terms of the provisions of 1982 Act, would run the risk to their students of not being conferred with a recognized degree and penalties as provided under the 1982 Act; that after the introduction of 1982 Act the power of the Faculty to grant affiliation is circumscribed by the requirement of the State Government's permission to open the college imparting education in Ayurvedic and Unani systems of medicine; that after coming into force of the Indian Medicine Central Council (Amendment) Act, 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 its commencement, the medical qualification granted to any student of such medical college shall not be deemed to be a recognized medical qualification for the purposes of the 1970 Act; and that the colleges from where the appellant-students were educated having not sought permission from the Central Government under the 1970 Act, the GAMS degree conferred on them shall not be a recognized medical qualification for the purposes of the 1970 Act, as a result whereof they are not eligible for admission for higher course of study or for employment on the basis of the GAMS degree conferred on them. |
Judge | Hon'ble Mr. Justice P.P. Naolekar |
Neutral Citation | 2007 INSC 1118 |
Petitioner | Bihar State Council Of Ayurvedic And Unani Medicine |
Respondent | State Of Bihar And Ors. |
SCR | [2007] 11 S.C.R. 824 |
Judgement Date | 2007-11-01 |
Case Number | 4643 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |