- (1.) SUNIL Ambwani, J. Heard Shri S. M. A. Kazmi, learned Advocate General, U. P assisted by Shri J. K. Tiwari, learned Standing Counsel for State and Shri K. A. Usmani, learned Counsel for applicant.
(2.) ON 18-7-2006, the Court had passed following orders: (1) Heard Shri K. A. Usmani, learned Counsel for applicant and Shri J. K. Tiwari, learned Standing Counsel appearing for the State. (2) By order dated 11-7-2006, the Court had directed the State Government to submit a reply to the allegation whether the courses of eight State Owned Medical Colleges imparting education in Ayurved and Unani Medicine affiliated to Chhatrapati Shahuji Maharaj University, Kanpur, are recognised by the Indian Medicine Central Council Act, 1970 (in short the Act ). (3) Shri Prashant Trivedi, Secretary, Medical Education, U. P. Government, Lucknow has filed an affidavit stating in paragraphs 4, 5, 6, 7 and 8 as follows: " (4) That the aforesaid matter was again taken up on 11th July, 2006 by the Hon'ble Court, the Court further directed that in case the reply is not filed, the Court shall stop admission of the students from CMMT to these colleges and further directed to take up the matter on next Tuesday. (5) That from fax message dated 13-7-2006 sent by the Standing Counsel, the deponent came to know about the passing of aforesaid order dated 11th July, 2006 of the Hon'ble Court. It is further submitted that the deponent came to know about the contents of aforesaid order dated 22-5-2006 on 14th July, 2006 through Sri J. K. Tiwari, Standing Counsel. (6) That after coming to know about the contents of aforesaid order dated 22-5-2006, the deponent immediately directed his subordinate officials to apprise the deponent about steps taken for getting recognition from the Indian Medicine Central Council, New Delhi. (7) That it has been informed that steps have been taken for getting recognition pertaining to courses conducted by the State run Medical Colleges pertaining to Ayurved and Unani and same will be and the said process will be completed within 6 weeks in consultation with the aforesaid Council. (8) That there is neither any wilful nor deliberate fault of the deponent in non-filing of the reply on 11th July, 2006 before the Hon'ble Court regarding the controversy in question. " (4) The averment or the reply given by the State Government has confirmed the allegation made by Mohd. Azad that the State Government is running the Ayurved and Unani courses in its eight colleges without any statutory recognition from the Indian Medicine Central Council, New Delhi. Sections 14 and 15 of the Act provide as follows: "14. Recognition of medical qualifications granted by certain medical institutions in India.- (1) The medical qualifications granted by any University, Board or other medical institution in India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act. (2) Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Government to have any such qualification recognised and the Central Government, after consulting the Central Council, may, by notification in the official Gazette, amend the Second Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date. 15. Recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in Second Schedule.-The medical qualifications included in the Third Schedule granted to a citizen of India before the 15th day of August, 1947, by any medical institution in any area which was comprised before that date within India as defined in the Government of India Act, 1935, shall also be recognised medical qualifications for the purposes of this Act. " (5) It is contended by Shri K. A. Usmani appearing for the applicant that the courses run by the State Government under the eight State run Medical Colleges were never given recognition. The affiliations with the University do not authorise the holders of the degree to practice Indian Medicine and hold office as Vaid, Siddha, Hakim or physician. They are also not entitled to sign or authenticate a medical or fitness certificate under Section 45 of the Indian Evidence Act, 1872 unless these courses are recognized and included in the Second Schedule appended to the Act. (6) In compliance with the directions issued by Supreme Court in D. K. Joshi's case, the Court is monitoring the directions for apprehending and prosecuting the unqualified and unauthorised medical practitioners. This Court has also directed the eight private Unani Medical Colleges to be closed as they had no recognition of courses run by these colleges. (7) Shri J. K. Tiwari, learned Standing Counsel informs the Court that steps are being taken by the State Government to seek recognition from the Council for the courses in Indian Medicine in all the State run Medical Colleges and that all necessary formalities will be completed within six weeks. (8) The allegation made by the applicant and the reply has confirmed the worst fear of this Court that the courses run in the State Medical Colleges of Indian Medicine are not recognized by the Indian Medicine Central Council, and are not included in the Schedule appended to the Act. All the holders of the degrees in Indian Medicine from these Medical Colleges are under the threat to be de-recognised as medical practitioners in Indian medicine. (9) This Court cannot conceive of a situation where State Government itself is a defaulter and is turning out unqualified medical practitioners in the State run Medical Colleges. The Council not only assures minimum standard of education in Indian Medicine but also regularly inspects the institutions to ensure that the minimum infrastructure and faculty is available for imparting the courses and has authority to withdraw the recognition under Section 21 of the Act, if it has been granted to any course. (10) The Court is, as such, prima facie satisfied that the State Government is not entitled to run the courses and to take admissions to these Colleges from CPMT, and to do Counselling for that purpose, until the courses run by it are recognized by the Indian Medicine Central Council. However before issuing any restraint order, it will be appropriate to grant an opportunity to the Advocate General, U. P. to appear to clarify the position. Let the application come up again tomorrow. A copy of the order shall be given to Shri J. K. Tiwari for communication of the order today itself. Today in compliance with the order dated 22-5-2006, an affidavit of Shri Prashant Trivedi, Secretary Medical, U. P. Lucknow has been filed stating as follows: " (1) That the deponent is presently working as a Secretary Medical Education, U. P. Lucknow, has been impleaded as opposite party number in the above noted contempt petition and as such he is fully conversant with the fact of the case deposed hereunder: (2) That the deponent has read over the case and understood the contents of affidavit filed in support of the application under Section 12 of the Contempt of Court Act and in reply thereto makes the following averments. (3) That at the very out set the deponent tenders his unconditional unqualified and apology and leaves himself upon the mercy of Hon'ble Court for being pardoned, if for any reasons whatsoever, the Hon'ble Court comes to the conclusion that the deponent is guilty for committing contempt. (4) That it is important to place certain facts which are necessary for just and proper adjudication of controversy involved in the present case. (5) That one contempt petition has been filed bearing No. 820 of 2002, Rajesh Kumar Srivastava v. Shri A. P. Verma & Ors. , before this Hon'ble Court and Hon'ble Court has been passed an order on 22-5-2006 by which the Hon'ble Court want to know about what has been going on in regard to the issues related to the present contempt petition. (6) That there are two types of Ayurvedic and Unani College which are affiliated to the University; one private Ayurvedic and Unani College and the second is the State Ayurvedic and Unani College. (7) That so far as private Ayurvedic and Unani Colleges affiliated to the University are concerned, all the colleges have been duly recognized by the Central Council of Indian Medicine. The copy of the list showing status of private Ayurvedic and Unani College is being annexed as Annexure CA-1 with this counter-affidavit. (8) That so far as the Government Ayurvedic and Unani Colleges are concerned, they have recognition from the Central Council of Indian Medicine for some years and for some years they do not have recognition from Central Council of Indian Medicine. (9) That in U. P. Total 10 colleges, (8 Ayurvedic and 2 Unani) have been established and they have been affiliated to different universities and provide degree as BAMS and BUMS which had been recognized by the CCIM (Central Council of Indian Medicine ). (10) That the Central Council of Indian Medicine has inspected the Ayurvedic Awam Unani College run in the State and that except the Ayurvedic and Unani College Muzaffarnagar. All the colleges do not fulfil certain norms of there the Council which has decided to withdrawal the recognition of the all Ayurvedic and Unani Colleges run in the State except the Muzaffarnagar Ayurvedic College in the year 2000. (11) That it is also relevant to point out that the State Government has made an action plan for upgrading the above mentioned Ayurvedic Unani Colleges, which do not fulfil the norms of the Central Council of Indian Medicine. It is further submitted that the Government is processing one proposal of the Director Ayurvedic Avam Unani Service U. P. Lucknow amounting to Rs. 33. 19 crores for overcoming the short coming of the aforesaid colleges. (12) That the State Government has approved the outlay amounting to Rs. 33. 19 crores for rectifying the deficiency like shortage of equipments, teachers, library and for building renovation. The photocopy of the letter dated 10-7-2004 is being annexed as Annexure CA-2 with this affidavit. (13) That on 19-7-2006 the Secretary Medical Education wrote a letter to the Secretary Ayush to discuss the action plan for achieving the norms as mentioned in Central Council of Indian Medicine Rule by which the colleges may be brought in accordance with the norms. The photocopy of the letter dated 19-7-2006 is being annexed as Annexure CA-3 with this counter- affidavit. (14) That the respondent is taking necessary steps/decision in compliance of the Hon'ble Court's order for achieving the norms of the Central Council of Indian Medicine in the College. (15) That it is also important to mention here that the short counter-affidavit has already been filed by the respondent and also the counter-affidavit on behalf of Opposite Party No. 6 is on record before this Hon'ble Court. (16) That in view of the aforesaid fact and circumstances no contempt is made out against the respondent and the order of the Hon'ble Court has not disobeying by the respondent/opposite Party. (17) That the respondent/deponent crave leaves of this Hon'ble Court to file detail counter-affidavit in the matter as and when required by this Hon'ble Court. (18) That the deponent is a law abiding citizen and the responsible Government Officer and believes in the majesty of the Hon'ble Court. He cannot even think about disobedience of law, if the Hon'ble Court comes to conditions that any disobedience has been committed by the deponent he prays for mercy in grace of this Hon'ble Court. " The affidavits filed by Shri Prashant Trivedi have disclosed that the 10 State Medical Colleges running the courses in Indian Medicine (8 Ayurvedic and 2 Unani), established and run by the State Government, are offering degrees as M. A. M. S and M. U. M. S. The Central Council of Indian Medicine established under the Indian Medicine Central Council Act, 1970, inspected these Colleges in the year 2000 and that except Ayurvedic and Unani College Muzaffar Nagar, the Council decided to withdraw the recognition as the remaining Colleges did not fulfil the norms set up by the Council.
(3.) THE State Government was running these unrecognised courses from 2000 to 2006 and that only on 10-7-2004 the Director, Ayurved and Unani requested to Principal Secretary, Medical Education, U. P. for sanctioning Rs. 33. 19 Crores for setting up the departments in each colleges for filling up the vacancies and making the equipments, laboratories and building in accordance with the standard set up by the Council. In para 2 of the letter, it was stated that for setting up 7 departments in each of the colleges, the State Government is required to sanction 93 posts of Professor; 90 posts of Reader; 282 posts of Senior Lecturer; 173 post of Lecturer; 166 posts of Lab Technician and other ministerial posts. THE letter further goes to show that none of these colleges except the Ayurvedic and Unani College, Muzaffar Nagar has the requisite infrastructure, namely library, hospital and faculty of teaching. THE State Government has virtually admitted that the students who have passed out in the last six years from these nine State run Medical Colleges of Indian Medicine, who appeared in the examinations from the year 2000 to 2006, are holding unrecognised qualifications and are not entitled to be registered as medical practitioner in Indian Medicine. THE affidavit further establishes that even after orders passed by this Court, absolutely no steps, except a few meetings were called to prepare a plan for getting recognition of the courses run in these colleges. After enforcement of the Indian Medicine Central Council Act, 1970, only those medical qualifications which are recognized by the Indian Medicine, are valid for the purposes of registration for practising Indian medicine and to hold the offices as Vaid, Siddha, Hakim or physicians. The recognition of medical qualification by the Indian Medical Central Council is absolutely essential for running the medical courses.;