Sub-section (2) of Section 17 provides: it shall be the duty of the Faculty to prescribe the course of study and curricula for general instructions, or special refresher courses, in institutions affiliated to the Faculty. Affiliated to B R Ambedkar Bihar University, Muzaffarpur. 3. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 1338/2007, 1339/2007, 1884/2007, Civil Appeal No. We are providing RTI Filing services across India. WITH CIVIL APPEAL NOS. The Second Schedule provides for the recognised medical qualifications i.e degrees/diplomas, awarded by the States/boards/faculties/universities before the constitution of the Central Council of Indian Medicine. 29. Pandey, Sudhanshu Saran, Ms Ranjana Narayan, Ms Shefali Jain, Ranjan Mukherjee, S.C Ghosh, M. Qamaruddin, Ms M. Qamaruddin, Ambar Qamaruddin, Anukul Raj, Gopal Singh, Rituraj Biswas, Shrish Kumar Misra and Navin Prakash, Advocates) for the appearing parties. The phrase “on or before” has made it clear that the existing colleges are also required to seek permission and there is no exemption. 21. The complete process to apply online is given below. The Bihar Indigenous Medical Educational Institution (Regulation and Control) Ordinance, 1981 which provides for regulation and control of educational institutions of indigenous system of medicine in the State of Bihar was promulgated on 16-11-1981. 8. * Enter a valid Journal (must Before confirming, please ensure that you have thoroughly read and verified the judgment. Section 7 postulates that to all private medical colleges and medical institutions in indigenous system of medicine, preparing or intending to prepare students for study in indigenous system of medicine leading to degree, diploma, etc. The term “drug” as defined in the Act includes a wide variety of substance, diagnostic, and medical devices. The writ petitioners reasserted their submissions before the Division Bench that they had completed the course of GAMS degree and passed examination conducted by the Faculty under the 1951 Act. 48. v. Mac Laboratories (P) Ltd. of Bihar or, Working as a contractual Staff Nurse/GNM/B.Sc Nursing under NHM/Govt. 15. Thus, the Faculty established by the Council under the 1951 Act has been authorised to recognise the educational institutions or instructional institutions of ayurvedic and Unani systems of medicine and affiliate them to the Faculty. In series of judgments of this Court, these exceptional situations have been provided for. That has been provided under the 1982 Act. In case of any confusion, feel free to reach out to us.Leave your message here. 20. 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. The counsel for the State or the university could not point out as to what shall happen to the degrees given to the students who studied in the colleges which have been affiliated with the Faculty but without permission under the 1982 Act. In exercise of powers under Section 3, the State Government shall, by notification, constitute a Council to be called the Bihar State Council of Ayurvedic and Unani Medicines, which shall consist of a President and the members mentioned in Clauses (a) to (n) of Section 3(1). 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. Looking into the aforesaid provisions, it is clear to us that the Council constituted by the State Government under the 1951 Act shall establish a State faculty under Section 17 which shall have the authority to recognise educational or instructional institutions of ayurvedic and Unani systems of medicine, to conduct examinations of the persons studying in such affiliated institutions, and to grant certificates and confer degrees or diplomas. degree from any recognized university, (Bachelor of Ayurvedic Medicine and Surgery) Must have compulsory internship training. 825 of 1998 was placed along with the … Section 13-B postulates that where any medical college is established or an established medical college opens a new higher course of study or training or where any medical college increases its admission capacity in any course of study or training without the permission of the Central Government, the medical qualification granted to any student of such medical college or the higher course of study or training or admission in the increased capacity in any course of study, would not be a recognised medical qualification for the purposes of the Act. Aggrieved by the order dated 12-12-2001 passed by the Division Bench in the LPAs and the WP, the appellants, namely, Bihar State Council of Ayurvedic and Unani Medicine (in Civil Appeal No. Section 13-C, however, provides a breathing time to the medical colleges which have been established on or before the commencement of the amending Act of 2003 without the permission of the Central Government to get such permission within a period of three years from the commencement of the Act. Power of the State Government to enforce the provisions of the Chapter. Samastipur, Bihar. 7253 of 1998 before the Patna High Court who had obtained GAMS (Graduate of Ayurvedic Medicine and Surgery) degree from the State Faculty of Ayurvedic and Unani Medicines (for short “the Faculty”) established under Section 17 of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 (for short “the 1951 Act”) were not permitted to appear in the examination for admission in postgraduate course in Ayurved leading to award of degree of Doctor of Medicine in Ayurved. 2. To Apply for CHO Jobs in SHS bihar, Candidates should possess a Min Age of 21 years and Max Age of 47 years. contains alphabet), Bihar State Council Of Ayurvedic And Unani Medicine v. State Of Bihar And Others. If the permission is refused, the institution will be closed down. 4644-46 of 2003) and Ashok Kumar Singh & Ors. The Registrar State Council of Ayurvedic & Unani Medicine, K-52, Hanuman Nagar, PO. of Bihar or Section 3 of the Act requires the governing body or organising committee or any body or institution intending to start medical course of study of indigenous system of medicine, along with requisite information regarding the study, to apply to the State Government in the Health Department. For this proposition, the learned counsel for the State has relied upon the provisions of Sections 13-A, 13-B and 13-C which have been introduced by the amending Act of 2003. Section 13 of the Act further authorises the State Government to authorise any officer to enter into the premises of the institution contravening the provisions of the 1981 Ordinance or the 1982 Act for the purposes of inspection and carrying into effect the provisions of the Ordinance or the Act. 4644-4645 OF 2003 Dr.Sudhir Kumar Singh & Ors. 825 of 1998 was placed along with the LPAs before the Division Bench for decision. 4644-45 of 2003, Civil Appeal No. Whereas, it is the submission of the learned counsel for the respondents that after the Ordinance of 1981 and the Act of 1982 came into force, all colleges which are affiliated to the Faculty or which have to be opened after the Ordinance of 1981 and the Act of 1982 came into force, require permission of the State Government for opening or continuing the colleges or institution running the colleges, imparting education in indigenous system of medicine. The Second Schedule in the 1970 Act itself recognises the GAMS degree given by the State Faculty of Ayurvedic and Unani Medicines, Patna, Bihar from 1953 onwards and thus it cannot be said that the course prescribed by the Faculty for conferment of a degree of GAMS is derecognised under the 1970 Act. Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982, Central Council Act, 1970, in 2003 by introduction of Sections 13-A, 13-B and 13-C. Clauses (a) to (d) of Section 17(1). The established colleges are also required to seek permission of the Central Government for the medical qualification to be recognised medical qualification but it would not mean that the already conferred medical qualification of the students studied in such previously established medical colleges would not be a recognised medical qualification under the 1970 Act. 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Regulation 16 thereof provides for courses of study for the degree (Graduate of Ayurvedic Medicine and Surgery, GAMS). 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]. 9. The Act provides for imposition of the fine and imprisonment for any person who contravenes any of the provisions of the 1981 Ordinance or the 1982 Act. Its main function is to register Ayurvedic and Unani practitioners in the state of Himachal Pradesh and regulate the practice in such systems. It is urged by the learned counsel for the appellants that the colleges which are affiliated to the Faculty under the 1951 Act do not require any approval from 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 the Second Schedule of the 1970 act, as the 1951 act is a self-contained code. Q. No amendment has been brought about till today whereby the degree of GAMS given by the State Faculty is derecognised under the 1970 Act. Interact directly with CaseMine users looking for advocates in your area of specialization. 47. Get 2 points on providing a valid reason for the above 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. The judgment of the learned Single Judge in CWJC No. This Act was enacted to provide for the development of the ayurvedic and Unani systems of medicine, to regulate their teaching and practice, and to control the sale of indigenous medicinal herbs and drugs in the State of Bihar. Agrawal & P.P. The college or the institution after the Act came into force cannot continue without the permission of the State Government as contemplated in the 1982 Act. Power of the Council to establish educational institutions, prescribe courses of study, etc. It was held that the State Authorities under the 1982 Act have rightly taken the follow-up action. Institutions already imparting education in indigenous system of medicine are required to take permission after coming into force of the 1982 Act. The counsel further submits that after the introduction of the 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. v. Mac Laboratories (P) Ltd. 1986 1 SCC 465 (AIR at p. 166, para 66), it was held that: (SCC p. 508, para 66), 55. For obtaining permission as required under Section 13-A, every person or medical college is required to submit a scheme in such form with requisite fee, containing such particulars as provided under sub-section (3) of Section 13-A. The Faculty is also authorised to conduct examinations and confer degree of GAMS. State Council of Ayurvedic and Unani Medicine is situated in Patna of Bihar state (Province) in India. xxx xxx xxx Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines (appellant in LPA No. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 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. AND candidates should have Permanent registration in State Council of Ayurvedic and Unani Medicine, Bihar, Patna and for Homeopathic doctors, Bihar State Ayush with at least two years of experience as a trainer.OR Under the 1951 Act, Section 17 provides for the establishment of the Faculty. Therefore, the colleges or the institutions which have not obtained the permission of the Central Government may do so within a period of three years from the commencement of the Act to save the medical qualification conferred on the students of such medical colleges from the rigour of Section 13-B of the 1970 Act. 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. About Salfia Unani Medical College. The decision of the Faculty shall be communicated to the institution concerned as soon as possible. 4643 of 2003, Civil Appeals Nos. Sub-section (6) of Section 13-A provides that where within a period of one year from the date of submission of scheme to the Central Government, no order is communicated by the Central Government to a person or medical college, such scheme shall be deemed to have been approved by the Central Government in the form in which it was submitted. 14. It was submitted that as the degree conferred on the writ petitioners is a recognised degree on the basis of the said entry in the 1970 Act, they were entitled to appear for entrance test to the postgraduate course and also for consideration for appointment to the post of Ayurvedic Medical Officers on the basis of GAMS degree which they were holding. Now you can file RTI Online. Government Ayurvedic College Hospital Patna is one of the reputed Government Ayurvedic Colleges in Bihar. 4643 of 2003), Dr. Sudhir Kumar Singh & Ors. of 2008. 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. The 1951 State Act with its Rules and Regulations is a complete code for recognising and granting affiliation to indigenous medical institutions by the Faculty, provide the course of study in the institutions and regulate the functioning of the institutions affiliated to the Faculty. course at postgraduate level, and only the course prescribed by CCIM is to be conducted by the universities and the prescribed degree can only be awarded by them as per the 1970 Act. Respondents AND CIVIL APPEAL NO. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as the respondents. The Act arms the State Government with various powers including the penal powers. (in Civil Appeal No. Under Clause (d) of sub-section (2) of Section 17, provisions of Section 13-A. To, The Registrar, Council of Ayurvedic and Unani Medicines, Bihar. I beg to submit that I want to get my name registered in the list of registered practitioners under theBihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. 60. 26. 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. 49. Degree conferred by a university and degree conferred by a faculty are different for which separate courses have been prescribed. Section 13-C(2) does not say that the effect of non-permission by the Central Government to the existing colleges after the amending Act came into force would render the medical qualifications already granted by the existing colleges before the insertion of Sections 13-A, 13-B and 13-C in 2003, unrecognised. The non obstante clause clearly indicates that a medical institution cannot be established except with the prior permission of the Central Government. The Second Schedule of the 1970 Act grants authority to the Faculty to grant GAMS degree. However, we make it clear that any body, agency, college or institution which has not sought permission from the State Government would not be granted affiliation by the Faculty under the 1951 Act and the State Government shall take appropriate steps under the 1982 Act if any body, agency, college or institution is/are functioning without the permission of the State Government as required 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. 28. 24. In Narashimaha Murthy v. Susheelabai 1996 3 SCC 644 (SCC at p. 658, para 20), it was held that: 54. It is submitted that the two 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 recognised medical qualification for the purposes of the 1970 Act, as a result whereof they are not eligible for admission to higher course of study or for employment on the basis of the GAMS degree conferred on them which is not a recognised medical qualification. The Ordinance was later replaced by introduction of the Act viz. 4. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. Under Clause (b) of Section 17(2), the Faculty is authorised to hold examination and grant certificates to, and confer degrees or diplomas on, persons who shall have pursued a course of study in the institutions affiliated to the faculty. This data has been provided by www.punjabcolleges.com. ... state council of ayurvedic and unani medicines bihar … The officials have invited the application forms from 23rd June 2020 to 14th July 2020 at http://statehealthsocietybihar.org/. Section 5 contemplates that on receipt of an application for permission to open the medical course of study of indigenous system of medicine, the State Government would cause the inspection of the body, agency, college or institution by the Central Council of Indian Medicine (CCIM) or Inspector appointed by the State Government to see whether the conditions laid down by CCIM constituted under Section 3 of the 1970 Act are fulfilled or not. May 23, 2019 - state council of ayurvedic and unani medicines bihar patna contact no. Click here to remove this judgment from your profile. Section 13-A(1) prohibits any person to establish a medical college; and a medical college to open a new or higher course of study or training including a postgraduate course of study or training, which would enable the students of that medical college for the award of any recognised medical qualification or to increase its admission capacity except with the previous permission of the Central Government obtained in accordance with the provisions of Section 13-A. The 1951 State Act and the 1970 Central Act, 1970 Act. Similar requirement is to be fulfilled by the new medical colleges opened i.e to seek permission of the Central Government for the medical qualification to be recognised qualification. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. 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. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982). 36. 16. A. Patna comes under Patna Tehsil, Patna District. The High Court 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 recognised GAMS degree, which 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. The effect of the amendment brought about is clear to us that all the medical colleges which are in existence or the medical colleges which have to be established should compulsorily seek permission of the Central Government within the period provided and on failure to get the permission of the Central Government the medical qualification granted to any student of such medical college shall not be a recognised medical qualification for the purposes of the 1970 Act. ; non-recognition of medical qualifications in certain cases; and time for seeking permission of the Central Government for certain existing or new medical colleges. 7253 of 1998 was challenged by filing LPA No. Enter your email address below and we'll send you password reset instructions. Other details of Bihar State Health Society CHO Recruitment 2020 notification like age limit, qualification, selection process, apply online link, steps to fill the application form, etc are shared below. 59. The 1982 Act has been made applicable to all private medical colleges and medical institutions which are not permanently affiliated to any university in the State of Bihar. & Wvg. 4646 of 2003) are before us by special leave. Chhatisgarh: Dr. D.K. 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. Council of Ayurvedic and Unani Medicines, Bihar. Job seekers who are looking for Govt jobs in Bihar can use this opportunity and apply for SHS Bihar Community Health Officer Jobs before the due date. 17. 11. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. 500/-, SC/ST of Bihar domicile Female and Divine Body candidates: Rs. of Bihar or, Working as a contractual Ayurvedic/Homeopathic/Unanidoctor under NHM/ Govt. Under Section 54, the Council is authorised to make regulations subject to the provisions of the Act and the rules made by the State Government. Candidates have to pay the fee online using a debit card, credit card, net banking or offline through E Challan. 250/-, For General/UR candidates: 21 – 42 years (as on 01/01/2020), 05 years for SC/ ST (Male and Female) candidates, 03 years for OBC/BC/MBC (Male and Female)/UR and EWS (F) candidates. Section 10 provides for penalty and a person contravening any of the provisions of the Act is made liable for punishment with a fine which may extend to Rs 10,000 and imprisonment for a term which may extend up to three years. provisions of the 1981 Ordinance or the 1982 Act. After the application is received for affiliation, the Faculty will scrutinise the application and if it is satisfied on the basis of the material supplied in the application or otherwise that the institution proposed to be affiliated has nearly fulfilled or is likely to fulfil all the conditions imposed by the Council established under the Act and is likely to run efficiently, it would depute an Inspector to visit the institution, make inquiry and report back to the Faculty. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1050 Community Health Officer (CHO) vacancies. The said colleges were granted affiliation by the Faculty on 19-8-1995 with retrospective effect from the session commenced in 1992 and they are recognised under the 1951 Act. Clause (d) of sub-section (2) of Section 17, Civil Appeal No. In American Home Products Corpn. 1500 State Health Society Bihar Jobs - Overview. We have examined the provisions of the 1982 act. It is equally well settled that within two constructions that alternative is to be chosen which would be consistent with the smooth working of the system which the statute purported to be regulating and that alternative is to be rejected which will introduce uncertainty, friction or confusion into the working of the system. 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. Act refers to the Ordinance was later replaced by introduction of the Central Act are complementary to each.... ( 1 ).14 whereby the degree of Graduate in Ayurvedic Medicine Surgery... 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That interpretation which would frustrate it Hospital Patna is one of the 1982 Act, SCR at 899...