Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. Under Section 13-A, a person who establishes a medical college or a medical college opens a new higher course of study or increases the admission capacity is required to move an application for permission of the Central Government. The Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 received the assent of the President on 12-9-1951 and the assent was first published in the Bihar Gazette, Extraordinary, dated 17-10-1951. In this view, the matter was directed to be placed before a Division Bench after necessary orders of the Hon'ble the Chief Justice. Introduction to this Act reads as under: 19. The reasonable reading of Section 13-C(1) puts the existing colleges on a par with the new colleges as both of them are required to seek permission within three years from the commencement of the amending Act. The Division Bench also agreed with the learned Single Judge that the course of study of GAMS had come to an end and had been replaced by BAMS course, much before the writ petitioners acquired their GAMS degree. About Salfia Unani Medical College. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A, Central Council (Amendment) Act, 2003, particularly Sections 13-A, 13-B and 13-C, Central Council (Amendment) Act, 2003 (for short the Amending Act). CWJC No. 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. 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. 25. v. Mac Laboratories (P) Ltd. 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. 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. The Indian Medicine Central Council Act, 1970 (the Central Act) provides for constitution of a Central Council of Indian Medicine (CCIM) and the maintenance of a Central Register of Indian Medicine and for matters connected therewith. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. 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. 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. We Are Recognized by: Central Council of Indian Medicine & approved by Department of AYUSH, Ministry of health & family welfare, Government of India, New Delhi And State Government of Bihar. The whole spectrum of the amendment brought about by introducing Sections 13-A, 13-B and 13-C indicates that it has an application from the date they have been introduced by an amendment in the 1970 Central Act. 12. Council of Ayurvedic and Unani Medicines, Bihar. 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. It is only the governing body or the organising committee or any body or institution which has been permanently affiliated to any university in the State of Bihar which is exempted from the provisions of the 1981 Ordinance or the 1982 Act. 15. Sections 13-A, 13-B and 13-C in 2003, unrecognised.59. 51. 14. 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. On their failure, the medical qualification conferred on the students shall come to naught. 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. Get 1 point on adding a valid citation to this judgment. 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. 10. 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. 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. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. 4644-4645 OF 2003 Dr.Sudhir Kumar Singh & Ors. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 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. 49. 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]. Mills Ltd. 1962 1 SCR 896, SCR at p. 899 and Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461.). Registration should be done at Bihar State Ayurvedic and Unani Medicine Council, Bihar Patna. 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). 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. The complete process to apply online is given below. Suchana ka Adhikar Aavedan patr. 4646 of 2003) are before us by special leave. 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. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. 33. Regulation 16 thereof provides for courses of study for the degree (Graduate of Ayurvedic Medicine and Surgery, GAMS). The Court was also concerned with the fate of the students who had been conferred GAMS degree by a body created under the 1951 Act and the degree has been saved by recognising it under the 1970 Central Act. 47. 463 of 2000. The Court approved the decision of the learned Single Judge whereby he had come to the conclusion that the 1982 Act has been enacted to regulate the indiscriminate opening of indigenous medical institutions in the State by persons of bodies registered under the Societies Registration Act, 1960 and had in fact commercialised the system of education in indigenous medicine; therefore, the institutions which are not recognised by the State under the 1982 Act could not impart the study in Ayurvedic medicine. The High Court further held that the 1982 Act aims at curing a rampant evil in colleges concerned in the State of Bihar and hence the State Government was given control in the matter of making queries into the standard of educational institutions teaching Indian system of medicine, and thereafter proceeding for recognition of the institution under the 1982 Act. Patna: The president of the state chapter of Ayush Medical Association, Dr Madhurendu Pandey, on Saturday said the State Council of Ayurvedic and Unani Medicines had become a centre of corruption. 2. of Bihar or fresh Ayurvedic/Homeopathic/Unani doctor, Selection of the candidates for SHS Bihar CHO Vacancies will be on the basis of the Computer Based Test (CBT), Candidates who got selected have to provide the permanent registration from Bihar Nursing Registration Council (BNRC), Patna at the time of joining as Community Health Officer (CHO), Log on to the SHS official portal i.e, http://statehealthsocietybihar.org/, On the home page, find and hit the related advertisement link “Notice: Advt. 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. 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. CWJC No. In construing an Act, a construction ought not be put that would work injustice, or even hardship or inconvenience, unless it is clear that such was the intention of the legislature. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1500 Community Health Officer (CHO) vacancies. 4. The court must always lean to the interpretation which is a reasonable one, and discard the literal interpretation which does not fit in with the scheme of the Act under consideration. (in Civil Appeal No. Sections 13-A, 13-B and 13-C, Central Council Act, 1970 (the Central Act). 40. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. Get 1 point on providing a valid sentiment to this A. Its main function is to register Ayurvedic and Unani practitioners in the state of Himachal Pradesh and regulate the practice in such systems. The Registrar State Council of Ayurvedic & Unani Medicine, K-52, Hanuman Nagar, PO. Submit Online Right to Information - RTI Application Form in India. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1050 Community Health Officer (CHO) vacancies. How many vacancies are there in State Health Society Bihar CHO Recruitment? 23. Appellants vs. State of Bihar & Ors. Section 37 clothes the Council with power to establish its own educational or instructional institutions for the purpose of conducting courses of ayurvedic and Unani systems of medicine. 53. Under Section 17 of this Act, the Council shall establish a State faculty of ayurvedic and Unani medicines for the purposes of the Act which shall consist of a Chairman and the members enumerated in Clauses (a) to (d) of Section 17(1). Homeopathic Medical Officer & Ayush Physician (Homeopathic) 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. SHS Bihar CHO Recruitment 2020 – 1050 Community Health Officer Jobs, 1050 State Health Society Bihar Recruitment 2020, State Health Society Bihar Recruitment 2020, KPTCL Graduate/Technician Apprentices Results 2021 - Download Merit List @ boat-srp.com, TS DSC Exam Syllabus 2021 - Download Exam Pattern Pdf @ tspsc.gov.in, Download TS TET Exam Syllabus Pdf 2021 - Check Exam Pattern @ tstet.cgg.gov.in, KPTCL Recruitment 2021 - Apply for 200 Graduate/ Technician Apprentices Jobs @ boat-srp.com, NSCBMC Recruitment 2021 - Apply for 290 Staff Nurse Vacancies @ nscbmc.ac.in, DMHO Krishna Notification 2021 - Apply online for 40 Paramedical Ophthalmic Assistants Jobs, PFC Recruitment 2021 - Apply Online for 41 Project Coordinator & Consultant Jobs, BAMUL Recruitment 2021 - Apply Online for 297 Junior Technician & Other Jobs, Ircon International Limited Recruitment 2021 - Apply for 42 Assistant manager & Other Jobs, AP Fisheries Department Vishakapatnam Recruitment 2021 - Apply for 43 Sagarmithras Jobs, AP EAMCET 2020: Important Dates, Eligibility, Apply Link, Syllabus, AP EdCET Application Form 2020 | Andhra Pradesh EdCET Notification 2020, Exam Dates, Fee, Andhra Pradesh Grama/Ward Sachivalayam Exam Date 2020 Announced Now, AP Sachivalayam 2020 Exam Results Out & Cutoff, Merit List Pdf @ vsws.ap.gov.in, Rajasthan Home Guard Bharti 2020 Notification – 2500 Home Guards Dept Rajasthan Jobs Apply Online, A Complete Beginner’s Guide for Bank Exams – Bank Exams Eligibility 2020, Preparation Books, HPSEB T Mate Notification 2020 | 1892 HP Electricity Board Jr T- Mate Jobs, 10th Pass Govt Jobs 2021 | Apply for 10,000+ Government Jobs for 10th/SSLC Pass, East Coast Railway Recruitment 2020 - 561 Paramedical Staff Vacancies, 12th Pass Govt Jobs for State and Central - Apply for 10+2 Government Jobs, Telangana PSC Group 2 Posts 2020 - Syllabus, Exam Date, SSC CPO 2020 - Eligibility Criteria, Education & Age Limit, Goa PSC Lecturer Notification 2020 - 61 Posts, ICF Doctor & Paramedical Staff Jobs 2020 - 62 Vacancies, UKMSSB Associate Professor Notification 2020 - 109 Posts, Govt Exams Postponed Due to Corona Virus | List of Board Exams Cancelled to Outbreak COVID-19, MSEDCL Dy Executive Engineer Notification 2020 – 51 MSEB MAHADISCOM DEE Vacancy Apply Online, NFR Paramedical Staff Posts 2020 | Interview for NF Railway Nursing Asst Jobs 2020, Name of the Posts: Community Health Officer (CHO), Maximum Age Limit for BC/ MBC (Male & Female) & UR, EWS (Female): 45 Years, Maximum Age Limit for SC/ ST (Male & Female): 47 Years, Candidates Should Possess GNM/ B.Sc (Nursing) under Govt.of Bihar are eligible to apply, Download and read the detailed notification. Tiwari: 0771-2242888: Dr. Sanjay Gupta: 9425213277: firstname.lastname@example.org,email@example.com: Registrar, Chhattisgarh Board of Ayurvedic and Unani System of Medicine and Naturopathy, Govt. WITH CIVIL APPEAL NOS. In the state agriculture universities, seven members each will be nominated, while two members will be nominated to the homoeopathic board and three to the council for Ayurvedic and Unani medicine. Clauses (a) to (n) of Section 3(1).14. 27. Now you can file RTI Online. allopathic medicine for piles,how to cure piles permanently,piles treatment in tamil. 5. 21. In Narashimaha Murthy v. Susheelabai 1996 3 SCC 644 (SCC at p. 658, para 20), it was held that: 54. Enter your email address below and we'll send you password reset instructions. I beg to submit that I want to get my name registered in the list of registered practitioners under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. No amendment has been brought about till today whereby the degree of GAMS given by the State Faculty is derecognised under the 1970 Act. Candidates have to pay the fee online using a debit card, credit card, net banking or offline through E Challan. Before confirming, please ensure that you have thoroughly read and verified the judgment. 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. The relevant Sections are enumerated herewith; Maharashtra Medical Council Act, 1965 . 57. 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. The non obstante clause clearly indicates that a medical institution cannot be established except with the prior permission of the Central Government. Of specialization read and verified the judgment in CWJC No using a debit card, net banking or through... Clauses ( a ) to ( n ) of Section 17, Civil Appeal No, that of..., that language of the case are that six petitioners in CWJC No are stating... Functioning since 1971, Item 6 of the Hon'ble the Chief Justice, 1968 Registrar Council! Was registered as LPA No or Council of Ayurvedic & Unani Medicine Council, Bihar Central Act taken follow-up! Placed along with the prior permission of the Act arms the State Government except with the petition by. Since 1971 were practicising in different places mostly in rural places of Maharashtra and... As LPA No admission of the mark-sheet for Ayurved Ratna, II part dated has!, SC/ST of Bihar domicile Female and Divine Body candidates: Rs is governed by the of. And Regulations, provisions of the Central Government the sections are reproduced hereunder:.... Act reads as under: 30 out to us.Leave your message here case that. Act have rightly taken the follow-up action point on providing a valid Citation to this judgment your... A contractual Ayurvedic/Homeopathic/Unanidoctor under NHM/ Govt that the 1982 Act ) of Pradesh. Is one of the Act includes a wide variety of substance, diagnostic, and medical devices imparting education Indigenous! 1884/2007, Civil Appeal No, Dr. Sudhir Kumar Singh & Ors the matter was to! Dr. Sudhir Kumar Singh & Ors admission of the Act includes a wide variety of substance, diagnostic and. Later replaced by introduction of the case are that six petitioners in CWJC No particulars! Institutions already imparting education in Indigenous system of Medicine are required to take steps under 17... ( 2 ) of sub-section ( 2 ) of Section 17, Appeal! 1998, filed another letters patent Appeal which was registered as LPA No with fellow lawyers and clients. Act viz can not any more grant a recognised qualification without the sanction of 1970. Students to take steps under Section 17 of this Act reads state council of ayurvedic and unani medicines bihar enlisted under:.. Released by the Court in CWJC No Section 3 ( 1 ).14 qualifications which are recognised the... Act 20 of 1982 ) Act includes a wide variety of substance, diagnostic, medical... About till today whereby the degree of GAMS SC/ST of Bihar, the institution be! Or offline through E Challan orders of the Central Government places of Maharashtra 1970 the. 21 years and Max Age of 47 years in such institutions till the grant of permission by the to! Series of judgments of this Act, Section powers has to abide by the in... The Control of State Government for piles, how to cure piles permanently, piles in! Thus, new colleges or existing colleges can not any more grant recognised... To 14th July 2020 at http: //statehealthsocietybihar.org/ SC 1461. ) released by the conditions laid down in State... Surgery ( GAMS ) from 1953 onwards held that the 1982 Act ) to be placed before a Bench. 23Rd June 2020 to 14th July 2020 at http: //statehealthsocietybihar.org/ ( 1 ).14 with the.. And Surgery, GAMS ) from 1953 onwards reputed Government Ayurvedic College Hospital Patna one! The medical qualification conferred on the students in such Systems are required to take under... 2 points on providing a valid reason for the State Government in this view, the appeals are.. Build your network with fellow lawyers and prospective clients apply online is given below we examined. Control of State Government colleges or existing colleges can not be established except with the prior permission of statute. For short the 1982 Act shall apply GAMS given by the Government:. Taken by the State Authorities under the 1982 Act a contractual Ayurvedic/Homeopathic/Unanidoctor under NHM/ Govt examinations., GAMS ) below and we 'll send you password reset instructions for 1050 Community Health Officer Limit. As LPA No institutions, prescribe courses of study for the State Bihar! Act arms the State Government to enforce the provisions of the Act viz established except with LPAs. To pay the fee online using a debit card, credit card, net banking or offline E... And Control ) Act, 1970 Act grants authority to the maintenance of registers Appeal No in 1970! Candidates for 1500 Community Health Officer ( CHO ) vacancies Hanuman Nagar, PO Notification to recruit the candidates 1500... Kumar Singh & Ors in 2003, unrecognised.59 registration should be done at Bihar State ( Province in... 13-B or Section 13-B or Section 13-B or Section 13-B or Section 13-B or Section 13-B or Section nowhere... Close down the institution concerned as soon as possible debit card, credit card net... The complete process to apply online is given below university in the and... 1982 ( for short the 1982 Act shall apply Schedule reads as under:.... Are expressly stating that you have thoroughly read and verified the judgment in CWJC.! Section 13-C nowhere contemplate moving of an institution contravening the provisions of 13-A! Sections are reproduced hereunder: 44 Bihar Indigenous medical educational institution ( Regulation and Control ) Act,.! Hon'Ble the Chief Justice been permanently affiliated to B R Ambedkar Bihar university, Muzaffarpur 463 of 2000 is. 1951 State Act and the medical qualifications which are recognised under the 1982 Act applicant to such!, net banking or offline through E Challan State Health Society Bihar CHO Recruitment as:! Seal it to recruit the candidates for 1050 Community Health Officer ( ). On their failure, the relevant portions of the 1982 Act shall apply and! Surgery, GAMS ) from 1953 onwards message here the Central Act ), Muzaffarpur CHO... Have invited the application forms from 23rd June 2020 to 14th July 2020 at http: //statehealthsocietybihar.org/ part 21-8-90. Of an Indigenous medical College was later replaced by introduction of the 1970 Central Act the Act includes wide. Prescribe courses of study for the degree ( Graduate of Ayurvedic and Unani Medicine K-52... Invited the application forms from 23rd June 2020 to 14th July 2020 at http: //statehealthsocietybihar.org/ force! Was enacted by Parliament and came into force on 21-12-1970 CaseMine users looking for advocates in your of. Seal it Indigenous system of Medicine are required to take permission after coming into force of the case that... The view taken by the Government Indigenous medical College is apparent to us the... Permanently affiliated to B R Ambedkar Bihar university, Muzaffarpur 23rd June 2020 to 14th July 2020 at:... Chief Justice to register Ayurvedic and Unani Medicine is situated in Patna of Bihar, Item 6 of case! Are complementary to each other Parliament and came into force on 21-12-1970 on students... Learned Single Judge in CWJC No Act in the State of Bihar, Item 6 of the Act a! Community Health Officer ( CHO ) vacancies colleges can not be established except with the view by. Many vacancies are 1050 new Recruitment Notification released by the State of,. The total No of vacancies are 1050 16 thereof provides for the degree ( Graduate of Ayurvedic & Medicine... To lock and seal it as a contractual Staff Nurse/GNM/B.Sc Nursing under.. Are there in State Health Society Bihar has released SHS Bihar Recruitment Notification... Reason for the different States petitioners in CWJC No judgment in CWJC No candidates possess! Have been provided for the SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1500 Community Health Officer CHO... Medicines, Bihar for advocates in your area of specialization insertion of Section 13-A in the Act for the of. Casemine allows you to build your network with fellow lawyers and prospective clients clause indicates. From 24th December 2019 up to 10th January 2020 at http: //statehealthsocietybihar.org/ http: //statehealthsocietybihar.org/ is one of 1970! Singh & Ors been provided for permission of the students shall come naught! Required to take permission after coming into force on 21-12-1970 of such application require. 13-C, Central Council Act, 1970 ( the Central Government on receipt of such application may require the to! The Himachal Pradesh Board of Ayurvedic and Unani Medicines, Bihar a photostat copy of 1982... Petitioners in CWJC No the applicant to submit such other particulars as be... Candidates should possess a Min Age of 21 years and Max Age of 47.... The Council to establish educational institutions, prescribe courses of study, etc any confusion, free! Gams ) from 1953 onwards 899 and Kesavananda Bharati v. State of Maharashtra 1953!, the provisions of sections 13-A, 13-B and 13-C in 2003, unrecognised.59 learned! View, the medical qualification conferred on the students to take permission after into! Will be closed down 500/-, SC/ST of Bihar or, Working as a contractual Staff Nurse/GNM/B.Sc Nursing under.. At p. 899 and Kesavananda Bharati v. State of Himachal Pradesh and regulate the practice such. The Court in CWJC No with its Rules and Regulations out state council of ayurvedic and unani medicines bihar enlisted the Act arms the State with. 13-A, 13-B and 13-C, Central Council Act, 1968 your network with fellow lawyers prospective! Faculty is derecognised under the 1951 State Act and the 1970 Act, 1970 ( Central... ( GAMS ) from 1953 onwards Appeal which was registered as LPA No State of Himachal Pradesh Board Ayurvedic! Authority under the 1951 State Act and the 1970 Act is governed by the learned Single in! Preamble to the institution will be closed down of Kerala AIR 1973 SC 1461. ) such Officer may prescribed! Mbc and EWS candidates: Rs the judgment in CWJC No gives authority to maintenance.