:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6079 OF 2008 Dr. Suhas Narayan Parchure ..Petitioner Vs. 1. Union of India and ors. ..Respondents Mr. G.R. Ganbavale for petitioner. Mrs.Bharati Mahant for respondent nos.1 to 3. Mr. R.V. Govilkar for respondent no.4. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 21, 2009. Date : January 21, 2009. Date : January 21, 2009. JUDGMENT: (Per B.H. Marlapalle,J.) JUDGMENT: (Per B.H. Marlapalle,J.) JUDGMENT: (Per B.H. Marlapalle,J.) 1. Heard Mr. Ganbavale the learned counsel for the petitioner. 2. Rule. 3. Respondents waive service. Petition is taken up for final hearing forthwith by consent of the :2: parties. 4. This petition impugns the order dated 23/6/2008 passed by the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy in the Ministry of Health and Family Welfare, Government of India. It is more particularly the grievance of the petitioner that the respondent nos.1 to 3 did not take steps to publish his name in the official gazette as mandated under Rule 24 of the Indian Medicine Central Council (Election) Rules, 1975 and, therefore, he seeks directions against the respondent nos.1 to 3 to publish his name in the Gazette of India. 5. The petitioner possesses the degree of Bachelor of Ayurvedic Medicine and Surgery awarded by the University of Poona and is a member of the Board of Studies of the respondent no. 4 - University. He came to be co-opted as a member of the Board of Studies of the respondent no.4-University on 20/6/2007 and under Section 36(3)(c)(iii) of the Maharashtra University of Health Sciences Act, 1998. A meeting of the faculty of Ayurved and Unani was conducted on :3: 28/12/2007 by the respondent no.4-University for holding election of one member from each of the Ayurved System and Unani System on the Central Council of Indian Medicine. So far as the Ayurved System is concerned, only the name of the petitioner was proposed and it was also seconded. As there was only one nomination, namely, that of the petitioner, he was declared to be elected unopposed as a member from Ayurved System of Medicine. The Officiating Registrar of respondent no.4 - University vide his letter dated 5/1/2008 communicated the election of the petitioner to the Deputy Adviser (Siddha) & OSD, CCIM Election, Ministry of Health & Family Welfare, Government of India. However, the Government of India, through the Ministry of Health and Family Welfare did not take any steps to publish the name of the petitioner in the Official Gazette. 6. By the order dated 26/8/2008, ad-interim relief in terms of prayer clause (D) was granted directing the respondent nos.1 to 3 to allow the petitioner to take part in the meetings/proceedings as a duly elected member of the respondent no.3, :4: including the 43rd meeting being held on 27/8/2008 and 28/8/2008. 7. The record shows that after the impugned letter dated 23/6/2008 was received by the respondent no.4 - University, on 7/7/2008, it addressed a letter to the Deputy Adviser (Siddha), Ministry of Health and Family Welfare, Government of India informing that the petitioner was co-opted as a member of the Board of Studies of Pre-Clinical Ayurved Subjects (P.G.) under the faculty of Ayurved and Unani under Section 36(3)(c)(iii) of the Maharashtra University of Health Sciences Act, 1998. Section 36 (3)(c)(iii) reads as under:- (3) The Board, at its first meeting, shall co-opt- (c) two eminent persons who are - (iii) experts in related field having published - :5: (a) at least one book; or (b) research paper in recognised national or International Journals. 8. There is no dispute that the petitioner has been co-opted as a member of the Board of Studies under Section 36(3)(c)(iii) of the Maharashtra University of Health Sciences Act, 1998. The affidavit-in-reply filed on behalf of the respondent nos.1 to 3 states that, (a) the petitioner is not a teacher under the respondent no.4-University and has got into the faculty through the back door entry under the guise of having authored a book on Ayurved, (b) said book is of little significance in the field of Ayurved and (c) that during the petitioner’s earlier tenure as a member of CCIM, there hasn’t been any significant contribution from him other than attendance at meetings. . This affidavit clearly infers that the petitioner was a member of the CCIM even in the :6: earlier tenure and surprisingly the respondent nos.1 to 3 take objection on his election on the ground that he is not a teacher and has entered into the faculty by a back door entry and under the guise of having authored a book on Ayurved. The scheme of Section 36(3)(c)(iii) does not require the member of the Board of Studies co-opted to be a teacher. It is also not disputed that the petitioner has authored a book. The scheme of Section 36(3)(c)(iii) does not provide for the qualitative assessment of the book authored so as to make eligible as a member of the Board of Studies and in any case the respondent no.4 - University has not pointed out any fault in the petitioner’s co-option as such. On these obtaining circumstances, it is not permissible for the respondent nos.1 to 3 to contend that the petitioner is not eligible for being elected as a member of CCIM representing the Ayurved faculty. We have not been shown any statutory provision pointing out that the elected candidate is disqualified to be a representative on the CCIM on account of the alleged poor performance or non-performance in the earlier tenure of his membership on the said body. Hence all the objections :7: set out by the respondent nos.1 to 3 against the alleged disqualification or ineligibility of the petitioner are unsustainable and the petitioner cannot be deprived from being a member elected from the Ayurved faculty to represent the respondent no.4 - University on the CCIM. 9. In the premises, this petition succeeds and Rule is made absolute in terms of prayer clause (b) and (c). No order as to costs. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)