Supreme Court of India
BIHAR STATE COUNCIL OF AYURVEDIC AND UNANI MEDICINEversusSTATE OF BIHAR AND ORS.
- Citation
- 2007 INSC 1118
- Decided
- 1 November 2007
- Disposal
- Appeal(s) allowed
- Bench
- B N AGRAWAL
Holding
A GAMS degree conferred under the 1951 Act remains a recognized medical qualification despite the 1982 Act and the 2003 amendment, provided it was awarded before the amendment’s commencement.
Summary
The Supreme Court examined whether the Graduate of Ayurvedic Medicine and Surgery (GAMS) degree awarded by the Bihar State Faculty under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 remains a recognized qualification in view of the Indian Medicine Central Council Act, 1970, the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982, and the 2003 amendment introducing Sections 13A, 13B and 13C. The Court held that the 1951 Act was not repealed and its GAMS degree is listed in the Second Schedule of the 1970 Act, so it remains a recognized medical qualification. The 1982 Act, while requiring state permission for colleges, does not invalidate degrees already conferred under the 1951 Act. The 2003 amendment’s provisions apply only prospectively; degrees awarded before its commencement are not rendered unrecognised. Consequently, the appellants’ GAMS degrees are valid for admission to postgraduate courses and for employment. The appeals were allowed, setting aside the High Court judgment.
Issues considered
- The effect of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 on the recognition of the GAMS degree vis‑à‑vis the Indian Medicine Central Council Act, 1970.
- Whether colleges that did not obtain permission under the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982 can lawfully confer the GAMS degree.
- The impact of Sections 13A, 13B and 13C of the Indian Medicine Central Council (Amendment) Act, 2003 on degrees conferred prior to the amendment.
- Whether the GAMS degree held by the appellants qualifies them for admission to higher courses of study and for appointment as Ayurvedic medical officers.
Legislation cited
- Indian Medicine Central Council Act, 1970s. 13A, s. 13B, s. 13C, s. 14, s. 2(e), s. 2(f)
Subjects
Statutory interpretationRecognition of medical degreesAyurvedic educationIndian Medicine Central Council ActBihar Indigenous Medical Educational Institution ActGAMS degreeSection 13ASection 13BSection 13CHigher education admissionEmployment eligibility
Judgment
l'
i
•
--
A BIHAR STATE COUNCIL OF AYURVEDIC AND UNANI
MEDICINE
v.
STATE OF BIHAR AND ORS.
B NOVEMBER 1, 2007
[B.N. AGRA WAL AND P.P. NAOLEKAR, JJ.]
Bihar Development ofAyurvedic and Unani Systems ofMedicine
c Act, 1951/Indian Medicine Central Council Act, 1970 with Amending
Act o/2003; Ss.2(e), 2(/), J3(A), J3(B) & J3(C) and Schedule-11/Bihar
Indigenous Medical Educational institution (Regulation & Control)
Act, 1982; Ss.3, 5, 9, 11 & 13:
Graduate ofAyurvedic Medicine & Surgery (GAMS) Degree-
D
Consideration for the purpose ofadmission to higher course ofstudy/
employment-Degree conferred by State University/Institution in
terms of 1951 Act prior to introduction ofS.l 3(A), (BJ & (C) by way
of amendment in 1970 Act and also before enforcing of 1982 Act
without obtaining permission to continue in terms of provisions
E
thereunder-Legality of-Held: 1951 Act is a complete code for
recognizing and granting affiliation to indigenous medical Institution
by State Faculty of Ayurvedic and Unani Medicines-No provision
found in 1982 Act which takes away the degree already conferred by
the Faculty under 1951 Act and also accepted to be recognized degree
F under 1970 Act-Hence, the degree so granted will not be ipso facto ·r--
illegal merely on ground that no permission sought for by the College/
Institution-Following the principles ofinterpretation, on reasonab!e
construction of various provisions under 1970 Act, the provisions
whereby medical qualification granted to any student by the College/
G Institution without obtaining permission to continue would not be
deemed to be a recognized qualification, would not apply-The degree 1 .
legally conferred prior to commencement of Amending Act shall be
treated as recognized degree-Hence, GAMS degree conferred on
appellant shall be treated as a recognized degree for the purpose of
H 824
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BIHARSTATECOUNCILOF AYURVEDICANDUNANI 825
MEDICINEv. STATE
admission to higher course of study and for employment~ A
Interpretation of Statutes.
Interpretation of Statutes:
General construction of words used in the provisions under the
Act-Causing palpable injustice-Jurisdiction of Court to place B
\
y reasonable limitation-Discussed.
\ '
The questions which arose for determination before this Court
in these appeals were as to whether with the introduction·of the Bih~r
Indigenous Medical Educational Institution (Regulation and Control) C
Act, 1982, the students who had studied in the colleges which were
not recognized under the provisions of 1982 Act could be conferred
with Graduate of Ayurvedic Medicines & Surgery (GAMS) degree
by the State Faculty of Ayurvedic & Unani Medicines, and if such
degrees were conferred what shall be the fate of the degrees; and
what would be the effect of Sections 13(A), 13(B) and 13(C) D
introduced by way of Amendment Act, 2003 in the Indian MedicineS
Central Council 1970 Act, on the degrees conferred on the students
who had studied in these colleges/Institutions which did not seek for
or had not been given permission to continue these Colleges/
Institutions in terms of provisions under Section 13(C) of the 1970 E
Act.
Appellants contended that the colleges which are affiliated to
the Faculty under the Bihar Development of Ayurvedic and Unani
System of Medicines Act, 1951 do not require any approval front F
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 Secon~
Schedule of the 1970 Act, as the 1951 Act is a self-contained code..
Respondents submitted that after Bihar Indigenous Medical G
Educational Institution (Regulation & Control) Act, 1982 came into I
force, all colleges which were affiliated to the Faculty or which have
to be opened, require permission of the Staie Government for,
opening or continuing them for imparting education in indigenous
system of medicine; that in case, any college or the educational· H
826 SUPREME COURT REPORTS [2007] 11 S.C.R.
f
A institutions continues the educational facility, imparting education
in indigenous system of medicine without granting permission in
terms of the provisions of 1982 Act, would run the risk to their
students of not being conferred with a recognized degree and
penalties as provided under the 1982 Act; that after the introduction
B of 1982 Act the power of the Faculty to grant affiliation is
circumscribed by the requirement of the State Government's A(
permission to open the college imparting education in Ayurvedic and /
U nani systems of medicine; that after coming into force of the Indian
Medicine Central Council (Amendment) Act, 2003, if any medical
c 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 its commencement, the medical
qualification granted to any student of such medical college shall not
be deemed to be a recognized medical qualification for the purposes
D of the 1970 Act; and that the 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 recognized medical qualification
for the purposes of the 1970 Act, as a result whereof they are not
E eligible for admission for higher course of study or for employment
on the basis of the GAMS degree conferred on them.
Allowing the appeals, the Court
HELD: 1.1. Bihar Development of Ayurvedic and Unani System
F of Medicines Act, 1951 has not been repealed by Indian Medicine (
)..-
Central Council Act, 1970, the Central Act, nor it is the submission
of counsels appearing for respective parties that the provisions of
the 1951 Act, in regard to conferment of Graduate of Ayurvedic
Medicines & Surgery (GAMS) degree, are repugnant to the
G provisions of the 1970 Act. The Second Schedule in the 1970 Act
itself recognizes GAMS degree given by the State Faculty of
-I
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 de-recognised under the
1970 Act. The 1970 Act read with regulations made thereunder
H
f
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BIHARSTATECOUNCILOF AYURVEDICANDUNANI 827
• " MEDICINEv. STATE
prescribes course for conferment of a degree of Bachelor of A
Ayurvedic Medicine and Surgery (BAMS) by a University, whereas
the 1951 Act prescribes course for conferment of a GAMS degree .
by State Faculty. Degree conferred by a university and degree
conferred by a faculty are different for which separate courses have ·
been prescribed. The 1951 Act having not been repealed by the 1970 'B
Act, or till the Second Schedule is not amended de-recognising the
degree ofGAMS, the degree of GAMS given by the State Faculty
will remain intact. [Para 11] [839-D, E, F, G; 840-A]
1.2. The 1951 Act with its rules and regulations, is a complete
code for recognizing and granting affiliation to indigenous medical ,c
institutions by the Faculty, provide the course of study in the
institutions, and regulate the functioning of the institutions affiliated
to the Faculty. The Faculty while exercising its powers has to abide
by the conditions laid down in the rules and regulations. ,
[Para 11 )(840-A, B] D
1.3. The 1951 State Act is consistent with the 1970 Central Act
in regard to granting of the GAMS degree, as the degree granted
under the 1951 State Act is still recognized under the 1970 Act, the
Central Act. The 1951 State Act and the 1970 Central Act are p
complementary to each other. The Faculty comes under the definition
of' medical institution? under Section 2(f) of the 1970 Central Act
and GAMS degree awarded by the Faculty is a recognised medical
qualification under Section 14 of the 1970 Central Act. The Second
Schedule of the 1970 Act grants authority to the Faculty to grant F
GAMS degree. 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 de-recognised in operation
after the 1970 Act came into force. [Para 12] [840-C, D, E]
.. 1.4. The State Faculty of Ayurvedic and Unani Medicines G
(Faculty) under the provisions of1951 Act has been empowered with
the power to affiliate institutions which are imparting education in
Ayurvedic and Unani systems of medicine. [Para 15] [842-B]
2.1. It is apparent from the provisions under the Bihar H
828 SUPREME COURT REPORTS [2007] 11 S.C.R.
i lo
A Indigenous Medical Educational Institution (Regulation and Control)
Ordinance, 1981 and Bihar Indigenous Medical Educational
Institution (Regulation and Control) Act, 1982, that Governing Body
or the Organizing Committee or any body or institution intending to
start any course of study in indigenous system of medicine is required
B to seek permission of the State Government to open a private
medical college or medical institution for admitting the students to
be conferred with a degree, diploma, etc., as included in the Second
Schedule of the 1970 Act. It is only the Governing Body or the
Organising Committee or any body or institution which has been
C permanently affiliated to any University in the State ofBiharwhich
is exempted from the provisions of the 1981 Ordinance or the 1982
Act. Institutions already imparting education in indigenous system
of medicine are required to take permission after coming into force
of the 1982 Act. [Para 18J (844-B, C, DJ
D 2.2. It is also apparent that the 1982 Act is supplementary to
the 1951 Act. The 1951 Act although provides for the inspection of
the institutions which have to be affiliated to the Faculty, does not
lay down that the conditions laid down by the Central Council oflndian
Medicine (CCIM) are to be followed and adhered to. That has been
E provided under the 1982 Act. So the colleges or the institutions which
want to impart education in the indigenous system of medicine have
not only to follow the conditions laid down by the Faculty or the Council
under the 1951 Act, but also under the 1982 Act. The college or the
institution after the Act came into force cannot continue without the·
F permission of the State Government as contemplated in the 198i
Act. [Para 19J (845-A, BJ
2.3. No provision is found in the 198,2 Act which takes away the
degree already granted to the students conferred by the Faculty,
G recognized under the 1951 Act, and is being accepted to be a
recognized degree under the 1970 Act. Therefore, by virtue of
introduction of the 1982 Act, it cannot be said that the degrees
t ..
conferred on the students who have studied in the colleges which
have not been granted permission by the State Government as
H required under the 1982 Act, will be ipso facto illegal and could not
I
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BIHAR STATE COUNCIL OF AYURVEDIC AND UNANI 829
~ -~ MEDICINEv. STATE
be given effect to. However, it is clarified that any body, agency, A
college or institution which has not sought permission from the S~te
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 such body, agency, college or institution
is/are functioning without the permission of the State Government B
/ as required under the 1982 Act. [Para 20) [845-D, E, F)
3.1. From the provisions u/s. 13A, (B) & (C) of the 1970 Act' as
introduced by the Amending Act, 2003, it is apparent that an
application seeking permission for opening a medical college has, to
be moved by a person which also includes the university or a tryst C
or a medical college or those which are already running the medical
college when the Amending Act came into force. Section lJA
nowhere provides that the students who have studied in the medical
colleges would be eligible to seek permission of the Central
Government under that Section. Section 13A or Section 13B Qr D
Section 13C nowhere contemplates moving of an application by t~e
students to take steps under Section 13A of the Act.
[Para 22] [849-F, G; 850-AJ
3.2. The provisions of Sections 13A, 13B and 13C of the 19~0 E
Act, 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 of2003 and
conferred medical qualification on the students who studied in such
medical colleges, the degrees so conferred in the absence of the F
permission of the Central Government would be non est though ther~
is no fault on the part of the students who have studied in the
institutions which are recognized and affiliated to the Faculty under
the 1951 Act. [Para 23) (850-E, F]
4.1. Where the legislature has used words in an Act which if G
generally construed, must lead to palpable injustice and
consequences revolting to the mind of any reasonabJe man, the
Court will always endeavour to place on such words a reasonable
limitation, on the ground that the legislature could not have intended
such consequence to ensue, unless the express language in the Acf H
t
SUPREME COURT REPORTS [2007] 11 S.C.R. "\.
830
f >
A or binding authority prevents such limitation being interpolated into
the Act. In construing an Act, a construction ought not be put that
would work injustice, or even hardship or inconvenie11ce, unless it
is clear that such was the intention of the legislature. [Para 24]
B 4.2. It is also settled law that where the language of the
legislature admits of two constructions and if construction in one way
would lead to obvious injustice, the Courts act upon the view that.
such a result could not have been intended, unless the intention had
been manifested in express words. Out of the two interpretations,
that language of the statute should be preferred to that interpretation
C which would frustrate it. It is a cardinal rule governing the
interpretation of the statutes that when the language of the
legislature admits of two const:-uctions, the court should not adopt
the construction which would lead to an absurdity or obvious injustice.
[Para 24] [850-G; 851-AJ
D
4.3. 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,
E friction or confusion with the working of the system.
[Para 24) [851-A, B]
Collector ofCustoms v. Digvij"aysinhji Spinning & Weaving Mills
Ltd, [1962] 1 SCR896 and His Holiness Kesvananda Bharativ. State
of Kera/a, AIR (1973) SC 1461, relied on.
F
4.4. 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.
(Para 25] (851-C]
G Narashimaha Murthy v. Susheelabai, (1996] 3 SCC 644;
American Home Products Corporation v. Mac Laboratories Pvt. Ltd. I
and Anr., AIR (1986) SC 137 and State of Punjab v. Sat Ram Das,
AIR (1959) Punj. 497, referred to.
H 5.1. The amendment brought about in the 1970 Act in 2003 by
"
i
BIHARSTATECOUNCILOF A YURVEDICAND UNANI 831
.. ) MEDICINEv. STATE
introduction of Sections 13A, 13B and 13C are the provisions for A
continuance ofthe institution which has not obtained prior permission
of the Central Government and, therefore, time limit of three years
has been provided under Section 13C to regularize the institutio~s
affairs as required under the Act by seeking permission of t e
Central Government. Insertion of Section 13A in the 1970 Central B
}- Act has regulated the opening of an indigenous medical college. The
non-obstante clause clearly indicates that a medical institution
cannot be established except with the prior permission of the Central
Government. Under Section 13B, any medical qualification granted
by the colleges established without the prior permission of the c
Central Government is not a recognized medical qualification. The
reasonable reading of Section 13C(l) puts the existing colleges at
par with the new colleges as both of them are required to seek
permission within three years from the commencement of t'e
Amending Act. The phrase 'on or before' has made it clear that tbe D
existing colleges are also required to seek permission and there is
no exemption. (Para 27) (852-A, B, C, DJ
5.2. Section 13C(2) of 1970 Act, however, 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 E
medical qualifications already granted by the existing colleges before
the insertion of Sections 13A, 13B and 13C in 2003, on-recognised.
The whole spectrum of the amendment brought about by intmduch1g
Sections 13A, 13B and 13C indicates that it has an application fr~m
-1 the date they have been introduced by an amendment in the 19 0 F
Central Act. [Para 27) (852-F, G]
5.3. The effect of the amendment brought about is clear that
all the medical colleges which are in existence or the medical
colleges which have to be established should compulsorily seek
G
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 recognized medical qualification for the purposes of
the 1970 Act. The established colleges are also required to se~k
H
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832 SUPREME COURT REPORTS [2007] 11 S.C.R.
A permission of the Central Government for the medical qualification
to be recognized 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. [Para 27)
B
5.4. On a reasonable construction of provisions under various
Sections of 1970 Act, it is held that the provisions of Section 13B
whereby the qualification granted to any student of a medical college
would not be deemed to be a recognized medical qualification would
C not apply. When a degree has been legally conferred on the students
· prior to the commencement of the Amending Act of2003, it shall be
treated as a recognized degree although the medical college has not
sought permission· of the Central Government within a period of
three years from the commencement of the Amending Act of 2003.
The GAMS degree conferred on the appellant-students shall be
D treated as a recognized degree for the purposes of taking admission
to the higher courses of study and also for the purposes of
employment. [Paras 28 and 29) [853-B, C, D, E)
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4643 of ./.
E 2003.
From the final Order and Judgment dated 12J2.2001 of the High t
Court of Judicature at Patna in L.P.A. No. 463of2000.
WITH
F C.A. Nos. 4644-4645 and 4646 of 2003.
S.B. Sanyal, Akhilesh Kumar Pandey, Sudhanshu Saran, Ranjana
-
Narayan, Shefali Jain, Ranjan Mukherjee, S.C. Ghosh, M. Qamaru5ldin,
M. Qamaruddin, Ambar Qamaruddin, Anukul Raj, Gopal Singh, Rituraj
G Biswas, Shrish Kumar Misra and Navin Prakash for the appearing parties.
The Judgment of the Court was delivered by
P.P. NAOLEKAR, J .. l. The brief facts of the case are that six
petitioners in CWJC No. 7253 of 1998 before the Patna High Court who
H had obtained GAMS (Graduate of Ayurvedic Medicine and Surgery)
(
1
I
BIHARSTATECOUNCILOFAYURVEDICANDUNANI 833
MEDICINEv. STATE[P.P.NAOLEKAR,J.]
~ • )
degree from the State Faculty of Ayurvedic and Unani Medicines (for A
short "the Faculty") established under Section 17 of the Bihar
Development of Ayurvedic and Unani Systems of Medicine Act, 1951
(for short '1he 1951 Act') were not permitted to appear in the examination
for admission in Post Graduate Course in Ayurved leading to awatd of
Degree of Doctor of Medicine in Ayurved. It was the case of the B
~ 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 c
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 D
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 E
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 reco~d
under the 1982 Act.
2. On the pleadings of the parties, the High Court considered the
F
case on the aspect whether the Facuity under the 1951 Act has unqualified
right to grant affiliation to such institutions or colleges which are not
following the BAMS course prescribed by CCIM through regulations G
... under the 1970 Act and further whether the provisions of the 1982 Aqt
which seek to regulate institutions imparting training in Ayurvedic and
Unani Systems of Medicine shall cover and regulate even those institutiol1S
which have been granted affiliation by the Faculty. The High Court held
that the system of course for GAMS had come to an end for quite some H
t
834 SUPREME COURT REPORTS [2007] 11 S.C.R.
A time and BAMS course has been followed as perthe regulations ofCCIM;
hence, only on the basis of a continued entry in the Second Schedule of
the 1970 Act which recognized GAMS degree, which is 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-CCI~.
B The High Court further held that the 1982 Act aims at curing a rampant
evil in concerned colleges 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
c Act 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.
D 3. Another writ petition being CWJC No. 825of1998 filed by
Pramila Kumari & 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,
E 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.
F
4. The learned Single Judge differed with the view taken by the court .
in CWJC No. 7253 of 1998 and held that Faculty has been created un,der
the 1951 Act, much prior to the promulgation of the 1982 Act, the powers
under the 1951 Act of granting GAMS degree by the Faculty is also
G recognized under the 1970 Central Act as per Second Schedule thereof.
The court was also concerned with the fate of the students who had been f
conferred GAMS degree by a body created under the 1951 Act and the
degree has been saved by recognizing it under the 1970 Central Act. In
this view, tl~e matter was directed to be placed before a Division Bench
after necessary orders of Hon'ble the Chief Justice.
H
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;
BIHARSTATECOUNCILOF AYURVEDICANDUNANI 835
MEDICINEv. STATE[P.P.NAOLEKAR,J.]
5. The judgment of the learned Single Judge in CWJC No. 7253 of A
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
Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No.
7253 of 1998, filed another letters patent appeal which was registered B
as LPA No. 463 of 2000. CWJC No. 825 of 1998 was placed along
with the LP As 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 conducted1
by the Faculty under the 1951 Act. As per Second Schedule of the 1970 c
Act, a central Act, which contains State-wise entries, entries Nos. 6 to
9A relate to the institutions/universities of Bihar which recogni~ GAMS
degree under entry No. 6from1953 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 D
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.
6. The Division Bench agreed with the reasoning adopted by the
learned Single Judge in CWJC No 7253 of 1990 and held that under E
the scheme of the 1970 Act as well as the Bihar Indigenous Medical
Educational Institution (Regulation and Control) Ordinance, 1981 which
was replaced by Bihar Act 20 of 1982, the CCIM was authorised to
prescribe the course of studies in the system of medicine so that the Indian
system of medicine may maintain uniformity and standard of teaching all F
over the country, which has been sought to be achieved by the regulations
framed under the 1970 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. The Court approved the decision G
of the learned Single Judge whereby he had come to the conclusion that
the 1982 Act has been enacted to regulate the indisc1iminate opening of
indigenous medical institutions in the State by persons of bodies registered
under the Societies Registration Act, 1960 and had in fact commercial~
the system of education in indigenous medicine; therefore, the institutions ;H
\
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836 SUPREME COURT REPORTS [2007] 11 S.C.R.
A which are not recognized by the State under the 1982 Actcould not
impart the study in Ayurvedic medicine. It was held that the State
authorities under the 1982 Act have rightly taken the follow-up action.
On these findings being arrived at by the Division Bench, no merit was
found in the LP As and the writ petition, which were dismissed by the
B Division Bench. 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.4643/
2003), Dr. Sudhir Kumar Singh & Ors. (in Civil Appeal Nos. 4644-46
of2003) and Ashok Kumar Singh & Ors. (in Civil Appeal No. 4646 of
C 2003) are before us by special leave.
7. 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. The said colleges were granted
D affiliation by the Faculty on 19.8.1995 with retrospective effect from the
session commenced in 1992 and they are recognized under the 1951 Act.
8. The Bihar Development of Ayurv~dic and Unani Systems of
Medicine Act, 1951 received the assent of the President on 12.9.1951
E and the assent was first published in the Bihar Gazette, Extraordinary,
dated 17.10.1951. 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 ofBihar. In exercise of powers under Section 3, the
F State Government shall; by notification, constitute a Council to be called
the Bihar State Council of Aywvedic and Unan.i Medicines, which shall
consist of a President and the Members mentioned in clauses (a) to (n)
of Section 3 (1 ). Under Section 17 of this Act, the Council shall establish
a State Faculty of Ayurvedic and Unani Medicines for the purposes of
G the Act which shall consist of a Chairman and the Members enumerated
in clauses (a) to (d) of Section 17 ( 1). Under clause (d) of sub-section f
(2) of Section 17, it shall be the duty of the Faculty to recognize
educational or instructional institutions of the Ayurvedic and Unani systems
of medicine for purposes of affiliation. Under clause (b) of Section 17(2),
H the Faculty is authorized to hold examination and grant certificates to, and
j
BIHARSTATECOUNCILOF AYURVEDICANDUNANI 837
.,. ) MEDICINEv. STATE[P.P.NAOLEKAR,J.]
confer degrees or diplomas on, persons who shall have pursued a course A
of study in the institutions affiliated to the Faculty. Section 37 of this Act
authorizes the Council to establish educational institutions, prescribe
courses of study, etc. subject to the rules as may be prescribed by the
State Government in this behalf. Section 37 clothes the Council with power
to establish its own educational or instructional institutions for the purpose B
of conducting courses of Ayurvedic and Unani systems of medicine. Under
Section 54, the Council is authorized to make regulations subject to the
provisions of the Act and the rules made by the State Government.
9. Looking into the aforesaid provisions, it is clear to us that the
Council constituted by the State Government under the 1951 Act shall C
establish a State Faculty under Section 17 which shall have the authority
. to recognize 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. D
10. Under Section 54 of the 1951 Act, the Council has framed
regulations called the Bihar Development of Ayurvedic and Unani Systems
of Medicines Regulations, 1959. Regulation 16 thereof provides for
courses of study for the Degree (Graduate of Ayurvedic Medicine and E
Surgery) (GAMS). Thus, the Faculty established by the Council under
the 1951 Act has been authorized to recognize the educational institutions
or instructional institutions of Ayurvedic and Unani Systems of Medicine
and affiliate them to the Faculty. The Faculty is also authorized to conduct
examinations and confor degree of GAMS.
F
11. The Indian Medicine Central Council Act, 1970 (Central Act)
provides for constitution of a Central Council oflndian Medicine (CCIM)
and the maintenance of a Central Register of Indian Medicine and for
matters connected therewith. This Act was enacted by the Parliament and
came into force on 21.12.1970. Introduction to this Act reads as under: G
"To consider problems relating to the Indian system of medicine
and Homoeopathy a number of Committees were appointed by
the Govenunent oflndia, which had recommended that a statutory
Central Council on the lines of the Medicinal Council oflndia for
H
838 SUPREME COURT REPORTS [2007] 11 S.~.R.
A modem system of medicine should be established for the proper
development of these systems of medicine (Ayurveda, Siddha and
Unani). In June, 1966 the Central Council of Health at its 13th
meeting, while discussing the policy on Ayurvedic education,
recommended the setting up of a Central Council for Indian system
B of medicine to lay down and regulate standards of education and
examinations, qualifications and practice in these systems. On the
basis of the above recommendations the Indian Medicine Central
Council Bill was introduced in the Parliament."
Sections 13A, 13B and 13C with their sub-sections have been substituted
C by the Indian Medicine Central Council (Amendment) Act, 2003 (No.
58 of2003) w.e.f. 7.11.2003, which prescribe for the permission for
establishment of new medical colleges, new courses of study, etc.; non-
recognition of medical qualifications in certain cases; and time for seeking
pennission of the Central Government for certain existing or new medical
D colleges. 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 of2003. Section 14 falling in Chapter III of the 1970 Central
Act provides for recognition of the medical qualifications granted by any
E university, board or other medical institution in India which are included
in the Second Schedule. The Second Schedule provides for the recogni7..ed
medical qualifications, i.e. degrees/diplomas, awarded by the States/
Boards/Faculties/Universities before the constitution of the Central Council
of Indian Medicine. Under the 1970 Act, the CCIM is competent to
F prescribe the minimum standard of education including curriculam and
syllabi as well as othenequirements like hospital, library, students hostel,
staff for college, staff for hospital, library, herbal garden, requirements of
various departments of colleges, etc. The Second Schedule prescribes
the institutions/colleges and the medical qualifications which are recogniz.ed
G under the Act for the different States. For the State of Bihar, item No. 6
of the Second Schedule reads as under:
840 SUPREME COURT REPORTS (2007] 11 S.C.R.
f
A GAMS given by the State Facuity is de-recognised under the 1970 Act.
The 1951 State Act with its rules and regulations, is a complete code for
recognizing 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. The Faculty while
B exercising its powers has to abide by the conditions laid down in the rules
~~~~ ~
12. The 1951 State Act is consistent with the 1970 Central Act in
regard to granting of the GAMS degree, as the degree granted under the
C 1951 State Act is still recognized under the 1970 Central Act. The 1951
State Act and the 1970 Central Act are complementary to each other.
The Faculty comes under the definition of 'medical institution' under
Section 2 (f) of the 1970 Central Act and GAMS degree awarded by
the Faculty is a recognised medical qualification under Section 14 of the
D 1970 Central Act. The Second Schedule of the 1970 Act grants authority
to the Faculty to grant GAMS degree. 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 de-recognised
or not in operation after the 1970 Act came into force.
E 13. The question, however, is whether with the introduction of the
Bihar Indigenous Medical Educational Institution (Regulation and Control)
Act, 1982, the students who have studied in the colleges· which were not
recognized under the said 1982 Act could be conferred with GAMS
degree by the Faculty, and if such degrees are conferred what shall be
F the fate of the degrees conferred on such students? We would also be
required to consider the effect of the Indian Medicine Central Council
(Amendment) Act, 2003, particularly Sections 13A, 13B and 13C 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
G hav~ studied in the colleges which have not sought or have not been given
pem1ission as required under Section 13C of the 1970 Act to open the
college or continue the college, by the Central Government.
14. It is urged by the learned counsel for the appellants that the
H
I
+
/
BIHAR STA TE COUNCIL OF AYURVEDIC AND UNANI 839
') MEDICINEv. STATE[P.P.NAOLEKAR,J.]
"Name of Universities, Recognised Medical Abbreviation Remarks A
Board or Medical Qualifications for
Institution Registration
lC\X )00(
Bihar
B
;_ 6. State Faculty of Graduate in Ayurvedic G.A.M.S. From 1953
Ayurvedic and Medicine and Surgery onwards.
Unani Medicines,
Patna, Bihar.
xxX'
lC\X
'°°' c
Under the 1970 Act, the State Faculty established under the Bihar State
Council of Ayurvedic and Unani Medicines (appellant in LPA No. 463
of2000 and appellant in Civil Appeal No. 4643 of2000) is empowered D
to confer a degree of Graduate in Ayurvedic Medicine and Surgery
(GAMS) from 1953 onwards. It is an admitted fact that the 1951 Act
has not been repealed by the 1970 Central Act nor it is the submission
of any counsel appearing for respective parties that the provisions of the
1951 Act, in regard to conferment of GAMS degree, are repugnant to E
the provisions of the 1970 Act. The Second Schedule in the 1970 Act
itself recognizes 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
--t conferment of a degree of GAMS is de-recognised under the 1970 Act. F
" The 1970 Act read with regulations made thereunder prescribes course
for conferment of a degree of BAMS by a University, whereas the 1951
Act prescribes course for conferment of a GAMS degree by State
Faculty. Degree conferred by a university and degree conferred by a
faculty are different for which separate courses have been prescribed. G
The I 951 Act having not been repealed by the 1970 Act, or till the
Second Schedule is not amended de-recognising the degree of GAMS,
the degree of GAMS given by the State Faculty will remain intact. No
amendment has been brought about till today whereby the degree of
H
'
t-i
BIHARSTATECOUNCILOF AYURVEDICANDUNANI 841
-, MEDICINEv. STATE[P.P.NAOLEKAR,J.]
colleges which are affiliated to the Faculty under the 195 i Act do not A
require any approval from the State Government to start or to continue
the educational inst!tution or to nm the courses of study in indigenous. .
system of medicine leading to the degree, diploma etc., as included in
Second Schedule of the 1970 Act, as the 1951 Act is a self-contained
code. Whereas, it is the submission of. the learned counsel for the B
respondents that after the Ordinance of 1981 and the Act of 1982 came
into force, all colleges which are atEliated to the Faculty' or which have to
be opened after the Ordinanc;e of 1981 and the Act of 1982 came into
force, require pennission of the State Government for opening or continuing
the colleges or institution running the co1leges, imparting education in C
indigenous system of medicine. If any college or the educational institution
tunning the college continues the educational facility, imparting education
in indigenous system of medicine leading to the degree, diploma etc., as
included in the Act of 1982 without pennission, would run the risk to their
students of not being conferred with a recognized degree and penalties D
provided under the 1982 Act. The counsel further submits that after the
introduction of 1982 Act the power of the Faculty to grant affiliation is
circumscribed by the requirement of the State Governments permission
to open the college inlparting education in Ayurvedic and Unani systems
of medicine. E
15. Under the 1951 Act, Section 17 provides for the establishment
of the Facuity. 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. By vittue of clause (d) of sub-section (2) of Section 17, F
the Faculty is to recognize educational or instructional institutions of the
Ayurvedic and Unani systems of medicine for purposes of affiliation. 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 G
Unani Medicines, Bihar. After the application is received for affiliation,
the Faculty will scmtinize the application and if it is satisfied on the basis
of the material supplied in the application or othe1wise that the institution
proposed to be affiliated has nearly fulfilled or is likely to fulfill all the
H
+'·
842 SUPREME COURT REPORTS [2007] 11 S.C.R. \
t ~
A condjtions 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. After the completion of the inquiry
and submission of the inspection report, the Faculty shall give recognition
to the institution either permanently or provisionally for a limited period
B or may reject it. The decision of the Faculty shall be communicated to
the institu~ion conc~ed as soon as possible. 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 Aywvedic
and Unani systems of medicine. ·
c 16. 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 16th November, 1981. Preamble to the
Ordinance reads as under:-
D
"Whereas, the Legislature of the State ofBihar is not in session;
And, whereas, the Governor of'Bihar is satisfied that inspite
of repeated warnings from Government through Press Notes and
Notices unregulated and indiscriminate opening oflndigenous
E Medical Educational Institutions in this State by persons or bodies
registered under the Societies Registration Act, 1960 or otherwise
without providing for adequate teaching facilities is hampering the
cause oflndigenous Medical Education and is highly detrimental
to the interest of students, admitted to such institutions after charging
F heavy capitation fee or donation and as such the circumstances exist
which render it necessary to prescribe for regulation and control
on the.opening of College or Institutions oflndigenous System of
Medjcine in the State ofBihar; ..."
G 17: The Ordinance was later replaced by introduction of the Act,
viz., the Bihar lndigneous Medical Educational Institution (Regulation and
Control) Act, 1981 (Act 20 of 1982) which came into force on 21st
January, 1982: Section 3 of the Act requires the Governing Body or
Organizing Committee or any body or institution intending to startmedical
H course of study of indigenous system of medicine, along with requisite
,
+ BIHARSTATECOUNCILOFAYURVEDICANDUNANI 843
MEDICINE v. STATE [P.P. NAOLEKAR, J.]
information regarding the study, to apply to the State Government in the. A
Health Department.
18. 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, B
agency, college or institution by the Central Council oflndian Medicine
(CCIM) or Inspector appointed by the State Government to see whether
.. the conditions laid down by the CCIM constituted under Section 3 of
the 1970 Act are fulfilled or not. 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 the C
CCIM of India for granting pe1mission to the starting of the course of
medical studies in indigenous system of medicine by the applicant. 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, D
etc. and which have not been permanently affiliated to any University in
the State of Bihar, the provisions of the 1982 Act shall apply. 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 ofBihar. By virtue of Section 9, the institutions which have been E
functioning without prior permission or approval of the State Government
are required to apply for such permission within a period of one month
from the date of coming into force of the 1982 Act. This Section prohibits
admission of the students in such institutions till the grant of permission
by the Government. It also provides that in case the application is not F
moved within the stipulated period or the State Government refuses
pennission, they will be deemed to have been established in contravention
of the provisions of the Act. Section l 0 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 G
term which may extend upto three years. In case of continuing
contravention, s~ch person shall be liable to pay a further fine which may ·
extend to Rs.1,000/- per day after the date of the first conviction for the
period during which he is proved to have persisted in such contravention.
H
+\
\
'
844 SUPREME COURT REPORTS [2007) 11 S.C.R.
f y .
A The offence is made non-bailable and cognizable. As per Section 11, if
the application moved for permission to start medical course of study of
indigenous system of medicine either under Section 3 or Section 9 is
refused as the institution or college is not found eligible or does not qualify
for permission, it is incumbent on the organi:zer of such institution to close
B it down within a period of three months of refusal of permission. Section
15 gives authority to the State Government to seize the accounts of an
institution contravening the provisions of the Act. From these provisions,
it is apparent that after introduction of the 1981 Ordinance and the 1982
"
Act, the Governing Body or the Organizing Committee or any body·or
c institution intending to start any course of study in indigenous 'system of
medicine is required to seek permission of the State Government to open
a private medical college or medical institution for admitting the students
to be conferred with a degree, diploma, etc., as included in the Second
Schedule of the 1970 Act. It is only the Governing Body or the Organising
D Committee or any body or institution which has been permanently affiliated
to any University in the State of Bihar is exempted from the provisions of "i
the 1981 Ordinance or the 1982 Act. Institutions already imparti_ng
education in indigenous system of medicine are required to take permission
after coming into force of the 1982 Act.
E 19. 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. If the pennission is refused, the institution
will be closed down. Section 13 of the Act further authorizes the State
Governffient to authorize any officer to enter into the premises of the
F 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. Such officer may be empowered to close
down the institution and to lock and seal it. The Act also provides
provision for seizure of the accounts by the State Government of an
institution contravening the provisions of the Ordinance or the Act. TI1e
Act arms the State Government with various powers including tl1e penal f
powers. Although tl1e 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 ofBihar, and the students
admitted in the two institutions which were affiliated with the Faculty were
1 •
, BIHARSTATECOUNCILOF AYURVEDICANDUNANI 845
MEDICINEv. STATE[P.P.NAQLEKAR,J.]
conferred with the GAMS Degree. After reading the provisions of the A
Act, it is apparent to us that the 1982 Act is supplementary to the 1951
Act The 1951 Act although provides for the inspection of the institutiorls
which have to be affiliated to the Facuity, does not lay down thatthe
conditions laid down by the CCIM are to be followed and adhered to.
That has been provided under the 1982 Act. So the colleges or the B
institutions which want to impart education in the indigenous system of
medicine have not only to follow the conditions laid down by the Faculty
or the Council under the 1951 Act, but also under the 1982 Act. The
college or the institution after the Act came into force cannot continue
without the permission of the State Government as contemplated in tQ.e c
1982 Act.
20. We have examined the provisions of the 1982 Act. 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
'r
have been affiliated with the Faculty but without permission tmder the 1982 D
Act. We do not find any provision in the 1982 Act which takes away the
degree already granted to the students conferred by the Faculty, recognized
under the 1951 Act, and is being accepted to be a recognized degr~e
under the 1970 Act. Therefore, by virtue of introduction of the 1982 Act,
it cannot be said that the degrees conferred on the students who have E
studied in the colleges which have not been granted permission by tqe
State Government as required under the 1982 Act, will be ipso facto
illegal and could not be given effect to. However, we make it clear that
any body, agency, college or institution which has not sought permissiqn
from the State Government would not be granted affiliation by the Faculty F
under the 1951 Act and the State Government shall take appropriate steps
under the 1982 Act if any body, agency, college or institution is/ate
functioning without the permission of the State Government as required
under the 1982 Act. .
10
21. 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 7tµ
November, 2003, if any medical college established on or before the
commencement of the Amending Act does not seek permission of the
,H
846 SUPREME COURT REPORTS [2007] 11 S.C.R. f 'f".
A 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 recognized medical
qualification for'the purposes of the 1970 Act. It is submitted that the
two colleges from where the appellant-students were educated having not
B sought pennission from the Central Government under the 1970 Act; the -.\
'
GAMS degree conferred on them shall not be a recognized medical
qualification for the purposes of the 1970 Act, as a result whereof they
are not eligible for admission for higher course of study or for employment
on the basis of the GAMS degree conferred on them which is not a
c recogniz.ed medical qualification. For this proposition, the learned counsel
for the State has relied upon the provisions of Sections 13A, 13B and
13C which have been introduced by Amending Act of2003. For a better
understanding of the contentions, the relevant portions of the Sections are
reproduced hereunder:
D "l 3A. Permission for establishment of new medical college,
new course ofstudy, etc. -{1) Notwithstanding anything contained
in this Act or any other law for the time being in force,-
(a) no person shall establish a medical college; or
E (b) no medical college shall-
(i) open a new or higher course of study or training, including
a post-graduate course of study or training, which would
enable a student of such course or training to qualify himself
for the award of any recognised medical qualification; or
F
(ii) increase its admission capacity in any course ofstudy or
training including a post-graduate course of study or training,
except with the previoils permission of the Central Government
obtained in accordance with the provisions of this section.
G Explanation ].-For the purposes of this section, "person"
-1 ;.
includes any University or a trust, but does not include the Central
Government.
Explanation 2.-For the purposes of this section, "admission
H
1
!
BIHARSTATECOUNCILOF AYURVEDICANDUNANI 847
MEDICINEv. STATE[P.P.NAOLEKAR,J.]
capacity", in relation to any course of study or training, including A
post-graduate course of study or training, in a medical college,
means the maximum number of students as may be fixed by the
Central Government from time to time for being admitted to such
course or training.
xxx xxx B
xxx
13B. Non-recognition of medical qualifications in certain
cases. -(1) Where any medical college is established without the ,
previous pemrission of the Central Government in accordance with ·.
the provisions of section l 3A.,, medical qualification granted to any ,c
student of such medical college shall not be deemed to be a ·
recognised medical qualification for the pmposes of this Act.
(2) Where any medical college opens a new or higher course of
study or training including a post-graduate course of study or
training without the previous pemrission of the Central Government D
in accordance with the provisions of section 13A, medical
qualification granted to any student of such medical college on the
basis of such study or training shall not be deemed to be a
recognised medical qualification for the purposes of this Act.
E
(3) Where any medical college increases its admission capacity in
any course of study or training without the previous pem1ission of
the Central Government in accordance with the provisions of
section l 3A, medical qualification granted to any student of such
medical college on the basis ofthe increase in its admission capacity F
shall not be deemed to be a recognised medical qualification for
the purposes of this Act.
l 3C. Time for seeking permission for certain existing medical
colleges. - ( 1) If any person has established a medical college or
any medical college has opened a new or higher course of study G
or training or increased the admission capacity on or before the
commencement of the Indian Medicine Central Council
(Amendment) Act, 2003, such person or medical college, as the
case may be, shall seek, within a period of three years from the
said commencement, permission of the Central Gov~mment in H
848 SUPREME COURT REPORTS [2007] 11 S.C.R.
~.
(-
A accordance with the provisions of section l 3A.
.....
(2) If any person or medical college, as the case may be, fails to
.,_
seek permission under sub-section ( 1), the provisions of section
13B shall apply, so far as may be, as if permission of the Central
Government under section 13A has been refused."
B
22. 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 2(ea) of the 1970 Act defines 'medical college' to
mean a college oflndian medicine where a person undergoes a course
c of study or training which will qualify him for the award of a recognized
medical qualification. Section l 3A (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 post-graduate course of study or training,
which would enable the students of that medical college for the. award of
D any recognised medical qualification or to increase its admission capacity
except with the previous permission of the Central Government obtained -I
in accordance with the provisions of Section l 3A. Sub-sections (2), (3),
(4), (5), (6), (7), (8) and (9) of Section 13A lay down the manner in
which the Central Government is to be approached for establishment of
[:::
E a new medical college or for opening of a new higher course of study or j
increasing admission capacity and how it would be dealt with. Section
l 3B 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
F 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 recognized medical
qualification for the purposes of the Act. Section l 3C, however, provides
a breathing time to the medical colleges which have been established on
G
or before the commencement of the Amending Act of2003 without the
-i
permission of the Central Government to get such permission within a
period of three years from the commencement of the Act. Therefore, the
colleges or the institutions which have not obtained the permission of the
Central Govemment may do so within a period of three years from the
H
BIHARSTATECOUNCILOF AYURVEDICANDUNANI 849
MEDICINEv. STATE[P.P.NAOLEKAR,J.]
commencement of the Act to save the medical qualification conferred on A
the students of such medical colleges from the rigour of Section 13 B <;>f
the 1970 Act. However, as per sub-section (2) of Section l 3C, if any
person or medical college fails to seek permission within three years of
commencement of the Act, qualification granted to any student of such
medical institution shall not be a recognised medical qualification and' it B
shall be deemed that permission to open or start a new course or increase
strength of students was refused by the Central Government. Medical
colleges opened on or before the coming into force of the Amending Act
of2003 are necessarily required to take permission within three years to
save the recognized medical qualification of the students. On their failure, c
the medical qualification conferred on the students shall come to naught.
Under Section l 3A, 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. For obtaining pennission as required under D
Section l 3A, 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 13A. The Central Government
on receipt of such application may require the applicant to submit such
other particulars as may be considered necessary. The Central E
Government after considering the scheme and recommendations of the
Central Council and after obtaining such other particulars as felt neces5ary,
may approve the scheme with such conditions which are consi~ered
necessary. The Central Government may also disapprove the sch~me.
Sub-section (6) of Section 13A provides that where within a period of F
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.
From the aforesaid provisions, it is apparent that an application se,eking
pennission for opening a medical college has to be moved by a person G
which also includes the university or a trust or a medical college or those
which are already running the medical college when the Amending Act
came into force. Section l 3A nowhere provides that the students who
have studied in the medical colleges would be eligible to seek permission
H
850 SUPREME COURT REPORTS [2007] 11 S.C.R.
A of the Central Government under that Section. Section 13A or Section
l 3B or Section l 3C nowhere contemplates moving of an application by
the students to take steps under Section l 3A. In such a situation, the
question arises what shall happen to the degrees conferred on the students
who have studied in the medical colleges established prior to the
B commencement of the Amending Act where the Governing Body or
Organising Committee or any body or institution does not take any step
for seeking permission of the Central Government and the period
prescribed under Section 13C of three years has expired or where the
institution has been closed down immediately after the commencement of
c · the Amending Act of2003 and, therefore, no body is interested in seeking
permission of the Central Government.
23. The provisions of Sections 13A, 13B and 13C 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
D 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
E the institutions which are recognized and affiliated to the Faculty under
the 1951 Act.
24. In our opinion, where the legislature has used words in an Act
which if generally construed, must lead to palpable injustice and
F consequences revolting to the mind of any reasonable man, the court will
always endeavour to place on such words a reasonable limitation, on the
ground that the legislature could not have intended such consequence to
ensue, unless the express language in the Act or binding authority prevents
such limitation being interpolated into the Act. In construing an Act, a
G 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. It is also settled that where the language of the legislature admits
of two constructions and if construction in one way would lead to obvious
injustice, the courts act upon the view that such a result could not have
been intended, unless the intention had been manifested in express words.
H
BIHARSTATECOUNCILOF AYURVEDICANDUNANI . 851
MEDICINEv. STATE[P.P.NAOLEKAR,J.]
Out of the two interpretations, that language of the statute should be A
preferred to that interpretation which would frustrate it. It is a carqinal
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. It is
equally well settled that within two constructions that alternative is to be B
chosen which would be consistent with the smooth working of the system
which the statute purported to be regulating and that alternative is tQ be
rejected which will introduce uncertainty, friction or confusion with the
working of the system. [See Collector of Customs v. Digvijaysinhji I
Spinning & Weaving Mills Ltd., (1962] 1 SCR 896, at page 899 and c
His Holiness Kesvananda Bharati v. State ofKera/a, AIR (1973) :sc
1461].
25. 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. D
26. In series ofjudgments of this Comt, these exceptional situations
have been provided for. In Narashimaha Murthy v. Susheelabai, (1996]
3 sec 644 (at page 647), it was held that:
" ..... The purpose oflaw is to prevent brooding sense ofinjustice. E
It is not the words of the law but the spirit and eternal sense of it
that makes the law meaningful... ..."
In the case of American Home Products Corporation v. Mac
Laboratories Pvt. Ltd. and Anr., AIR (1986) SC 137 (at page 166, F
para 66), it was held that:
".. It is a well-known principle of interpretation of statutes that
a construction should not be put upon a statutory provision which
would lead to manifest absurdity or futility, palpable injustice, or
absurd inconvenience or anomaly ...." G
Further, in the case of State of Punjab v. Sat Ram Das, AIR (1959)
Punj. 497, the Punjab High Court held that:
"To avoid absurdity or incongruity, granunatical and ordinary
sense of the words can, in certain circumstances, be avoided." H
852 SUPREME COURT REPORTS (2007] 11 S.C.R.
f r I-
A 27. The amendment brought about in the Indian Medicine Central
Council Act, 1970, in 2003 by introduction of Sections l 3A, l 3B and
13C 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 13C to regularize
B the institution's affairs as required under the Act by seeking permission
of the Central Government. Insertion of Section 13A in the 1970 Central
Act in the year 2003 has regulated the opening of an indigenous medical
college. The non-obstante clause clearly indicates that a medical institution
cannot be established except with the prior permission of the Central
C Government. Under Section 13B, any medical qualification granted by
the colleges established without the prior permission of the Central
Government is not a recognized medical qualification. The reasonable
reading of Section 13C (1) puts the existing colleges at par with the new
colleges as both of them are required to seek permission .witltjn thrc,"e years
D from the commencement of the Amending Act. The phrase 'on or before'
has made it clear that the existing colleges are also required to seek
permission and there is no exemption. Section l 3C (2) further provides
that the medical qualification granted by existing colleges whose
establishment has not been recognized by the Central Government, the
E medical qualification would not be a recognized qualification. 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 recognized qualification. Thus, new colleges or existing colleges
cannot any more grant a recognized qualification without the sanction of
F the Central Government. Section 13C(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
13A, 13B and 13C in 2003, un-recognised. The whole spectrum of the
G amendment brought about by introducing Sections 13A, 13B and 13C
indicates that it has an application from the date they have been introduced 1
by an amendment in the 1970 Central Act. 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
H compulsorily seek permission of the Central Government within the period
'
}
BIHARSTATECOUNCILOF AYURVEDICANDUNANI 853
:-, MEDICINEv. STATE[P.P.NAOLEKAR,J.]
provided and on failure to get the permission of the Central Government A
the medical qualification granted to any student of such medical college
shall not be a recognized medical qualification for the purposes of the 1970
Act. The established colleges are also required to seek permission of the
Central Government for the medical qualification to be recognized medical
qualification but it would not mean that the already conferred medical iB
~ qualification of the students studied in such previously established medical
colleges would not be a recognised medical qualification under the 1970
Act.
28. On a reasonable construction of these Sections, we hold that
the provisions of Section 13B whereby the qualification granted to any C
student of a medical college would not be deemed to be a recognized
medical qualification would not apply. When a degree has been legally
conferred on the students prior to the commencement of the Amending
Act of 2003, it shall be treated as a recognized degree although the
medical college has not sought permission of the Central Government D
within a period of three years from the commencement of the Amending
Act of2003.
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 E
conf~rred on the appellant-students shall be treated as a recognized degree
for the purposes of taking admission to the higher courses of study and 1
also for the purposes of employment.
30. There shall be no order as to costs.
F
S.K.S. Appeals allowed.
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