Bihar State Council of Ayurvedic and Unani Medicine Vs. State of Bihar & Ors [2007] Insc 1104 (1 November 2007) B.N. 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. 7253 of 1998 was challenged by filing LPA No. and which have not been permanently affiliated to any university in the State of Bihar, the provisions of the 1982 act shall apply. No amendment has been brought about till today whereby the degree of GAMS given by the State Faculty is derecognised under the 1970 Act. 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. 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. 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. The offence is made non-bailable and cognizable. 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). Application For Registration. of Bihar or fresh GNM/B.Sc Nursing. The 1951 State Act with its Rules and Regulations, provisions of Sections 13-A, 13-B and 13-C of the 1970 Act, section. No. 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. To Apply for CHO Jobs in SHS bihar, Candidates should possess a Min Age of 21 years and Max Age of 47 years. Tiwari: 0771-2242888: Dr. Sanjay Gupta: 9425213277: vnprpgupta@gmail.com,registrar@cgaupcb.in: Registrar, Chhattisgarh Board of Ayurvedic and Unani System of Medicine and Naturopathy, Govt. 9. The term “drug” as defined in the Act includes a wide variety of substance, diagnostic, and medical devices. 1500 State Health Society Bihar Jobs - Overview. The 1951 State Act and the 1970 Central Act are complementary to each other. 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. 31. This data has been provided by www.punjabcolleges.com. Government Ayurvedic College Hospital Patna is one of the reputed Government Ayurvedic Colleges in Bihar. 12. 463 of 2000. 09/2019 and 10/2019 (6-Months CCH for GNM/B.Sc Nursing and AYUSH (Ayurveda/Homeopath/Unani) under NHM “, Go through the details provided in the official State Health Society Bihar CHO Recruitment 2020 notification, Ensure the eligibility criteria and hit the “Apply Online”, Fill all the details in the State Health Society Bihar CHO application form, Verify all the details once before submitting the application form, Take a print out and keep the hard copy of the application form for future reference. As per new recruitment notification released by the CHO, the total no of vacancies are 1050. P.P Naolekar, J.— The brief facts of the case are that six petitioners in CWJC 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. In this view, the matter was directed to be placed before a Division Bench after necessary orders of the Hon'ble the Chief Justice. 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. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1050 Community Health Officer (CHO) vacancies. 28. 3. 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 The 1951 Act having not been repealed by the 1970 Act, or till the Second Schedule is not amended derecognising the degree of GAMS, the degree of GAMS given by the State Faculty will remain intact. 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. The amendment brought about in the Indian Medicine Central Council Act, 1970, in 2003 by introduction of Sections 13-A, 13-B and 13-C are the provisions for continuance of the institution which has not obtained prior permission of the Central Government and, therefore, time-limit of three years has been provided under Section 13-C to regularise the institution's affairs as required under the Act by seeking permission of the Central Government. We shall deal with these sections in detail when we take up the submissions of the counsel of the effect of these sections on the GAMS degree conferred on the students prior to coming into force of amending Act 58 of 2003. 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. 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. 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. 29. 6. State Council of Ayurvedic and Unani Medicine is situated in Patna of Bihar state (Province) in India. contains alphabet), Bihar State Council Of Ayurvedic And Unani Medicine v. State Of Bihar And Others. 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. 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. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Application For Registration. 18. It was held that when the petitioners who obtained GAMS degrees had studied in the educational institutions which have not followed course prescribed by CCIM, the statutory Central authority, and further when such institutions have been run in total contravention and violation of the 1982 Act, they are not entitled to for issuance of any writ from the Court. 51. Lohia Nagar, PATNA-800020 (Bihar) 5. 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. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982). 4643 of 2003, Civil Appeals Nos. Under the 1970 Act, CCIM is competent to prescribe the minimum standard of education including curriculum and syllabi as well as other requirements like hospital, library, students' hostel, staff for college, staff for hospital, library, herbal garden, requirements of various departments of colleges, etc. The Division Bench agreed with the reasoning adopted by the learned Single Judge in CWJC No. We are providing RTI Filing services across India. 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. In case of any confusion, feel free to reach out to us.Leave your message here. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. 4644-45 of 2003, Civil Appeal No. It was also the case of the respondents that after the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982‡ (for short “the 1982 Act”), the GAMS degree could only be recognised if it is conferred on the students who had studied from the colleges recognised under the 1982 Act. 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. The High Court has, therefore, clearly committed an error in holding that after the BAMS degree has been introduced, GAMS degree issued by the Faculty was derecognised or not in operation after the 1970 Act came into force. subject to the rules as may be prescribed by the State Government in this behalf. 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. 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. 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. Clauses (a) to (n) of Section 3(1).14. Samastipur, Bihar. The Faculty is also authorised to conduct examinations and confer degree of GAMS. The 1951 State Act and the 1970 Central Act, 1970 Act. 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]. 27. 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. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. 41. For the purposes of the 1970 Act, “Indian medicine” is a system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb. Section 6 further provides that on completion of the inspection the State Government in the Health Department will seek permission of the Government of India and CCIM of India for granting permission to the starting of the course of medical studies in indigenous system of medicine by the applicant. allopathic medicine for piles,how to cure piles permanently,piles treatment in tamil. 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. Sections 13-A, 13-B and 13-C in 2003, unrecognised.59. Council of Ayurvedic and Unani Medicines, Bihar. The Central Government may also disapprove the scheme. change. 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 Registrar State Council of Ayurvedic & Unani Medicine, K-52, Hanuman Nagar, PO. 2. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as the respondents. Such officer may be empowered to close down the institution and to lock and seal it. 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. 10. 61. The relevant Sections are enumerated herewith; Maharashtra Medical Council Act, 1965 . Before confirming, please ensure that you have thoroughly read and verified the judgment. Under Clause (d) of Sub-section (2) of Section 17, it shall be the duty of the Faculty to recognise educational or instructional institutions of the ayurvedic and Unani systems of medicine for purposes of affiliation. It is clear from the aforesaid provisions that the Faculty under the 1951 Act has been empowered with the power to affiliate institutions which are imparting education in ayurvedic and Unani systems of medicine. In series of judgments of this Court, these exceptional situations have been provided for. & Wvg. Suchana ka Adhikar Aavedan patr. 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. 47. Now you can file RTI Online. 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