- (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.
(2.) On the pleadings of the parties, the High Court considered the case on the aspect whether the Faculty 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 under the 1970 Act and further whether the provisions of the 1982 Act which seek to regulate institutions imparting training in Ayurvedic and Unani Systems of Medicine shall cover and regulate even those institutions 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 time and BAMS course has been followed as per the regulations of CCIM; 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-CCIM. 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 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.
(3.) Another writ petition being CWJC No. 825 of 1998 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, 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.;