Bihar State Council Of Ayurvedic And ... vs State Of Bihar And Ors. [Alongwith Civil ...

1. The brief facts of the case are that six petitioners in CWJC No. 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 Post Graduate Course in Ayurved leading to award of Degree of Doctor of Medicine in Ayurved. It was the case of the petitioners that they had passed the GAMS examination conducted by the Faculty under the 1951 Act and were conferred GAMS degree by the Faculty and, thus, they were qualified to appear in the examination for obtaining the Degree of Doctor of Medicine in Ayurved. After service of notice, the respondents entered appearance and the State filed reply wherein the stand taken by the State was that GAMS Degree obtained by the petitioners in 1997 was not valid and recognized degree because according to the letter dated 4.7.1998 sent by the Secretary, Central Council of Indian Medicine (for short 'CCIM'), GAMS course was no longer recognized by the CCIM. The respondent-CCIM alleged that in accordance with the requirements of the Indian Medicine Central Council Act, 1970 (for short 'the 1970 Act'), CCIM had prescribed regulations providing for BAMS (Bachelor of Ayurvedic Medicine and Surgery) course at graduate level and MD(Ay.) course at post-graduate 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. 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 recognized if it is conferred on the students who had studied from the colleges recognized under the 1982 Act.

3. Another writ petition being CWJC No. 825 of 1998 filed by Pramila Kumari and Ors. in the Patna High Court challenged the order whereby they had not been allowed to compete in the selection for appointment to the post of Ayurvedic Medical Officer on the basis that they were the holders of GAMS degree from the Bihar State Faculty, which was claimed to be a recognized degree by the CCIM. 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 recognized University of the State.

5. The judgment of the learned Single Judge in CWJC No. 7253 of 1998 was challenged by filing LPA No. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as respondents. Also the Bihar State Council of Ayuyrvedic and Unani Medicine aggrieved by the judgment in CWJC No. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. 463 of 2000. CWJC No. 825 of 1998 was placed along with the LPAs before the Division Bench for decision. The writ petitioners re-asserted 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. As per Second Schedule of the 1970 Act, a central Act, which contains State-wise entries, entries Nos. 6 to 9A Page 4184 relate to the institutions/universities of Bihar which recognize GAMS degree under entry No. 6 from 1953 onwards. It was submitted that as the degree conferred on the writ petitioners is a recognized degree on the basis of the said entry in the 1970 Act, they were entitled to appear for entrance test to the post-graduate course and also for consideration for appointment to the post of Ayurvedic Medical Officers on the basis of GAMS degree which they were holding.

29. For the reasons aforesaid, the appeals are allowed. The judgment of the High Court is set aside and we hold that the GAMS degree conferred on the appellant-students shall be treated as a recognized degree for the purposes of taking admission to the higher courses of study and also for the purposes of employment.

30. There shall be no order as to costs.