Government Ayurvedic College Hospital Patna is one of the reputed Government Ayurvedic Colleges in Bihar. 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 CCIM of India for granting permission to the starting of the course of medical studies in indigenous system of medicine by the applicant. 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 recognised 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. * Enter a valid Journal (must A photostat copy of the mark-sheet for Ayurved Ratna, II part dated 21-8-90 has been annexed as Annexure 3 with the petition. 48. UR, BC, MBC and EWS candidates: Rs. (in Civil Appeals Nos. 51. Other details of Bihar State Health Society CHO Recruitment 2020 notification like age limit, qualification, selection process, apply online link, steps to fill the application form, etc are shared below. The Faculty is also authorised to conduct examinations and confer degree of GAMS. 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 term “drug” as defined in the Act includes a wide variety of substance, diagnostic, and medical devices. Get 1 point on providing a valid sentiment to this 250/-, For General/UR candidates: 21 – 42 years (as on 01/01/2020), 05 years for SC/ ST (Male and Female) candidates, 03 years for OBC/BC/MBC (Male and Female)/UR and EWS (F) candidates. A photostat copy of the mark-sheet for Ayurved Ratna, II part dated 21-8-90 has been annexed as Annexure 3 with the petition. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. 17. 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. and which have not been permanently affiliated to any university in the State of Bihar, the provisions of the 1982 act shall apply. 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 have been affiliated with the Faculty but without permission under the 1982 Act. Insertion of Section 13-A in the 1970 Central Act. provisions of the 1981 Ordinance or the 1982 Act. 56. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. Section 14 falling in Chapter III of the 1970 Central Act provides for recognition of the medical qualifications granted by any university, board or other medical institution in India which are included in the Second Schedule. The Act arms the State Government with various powers including the penal powers. Out of the two interpretations, that language of the statute should be preferred to that interpretation which would frustrate it. A. 463 of 2000. The said colleges were granted affiliation by the Faculty on 19-8-1995 with retrospective effect from the session commenced in 1992 and they are recognised under the 1951 Act. It was submitted that as the degree conferred on the writ petitioners is a recognised degree on the basis of the said entry in the 1970 Act, they were entitled to appear for entrance test to the postgraduate course and also for consideration for appointment to the post of Ayurvedic Medical Officers on the basis of GAMS degree which they were holding. 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 the State Faculty. contains alphabet), Bihar State Council Of Ayurvedic And Unani Medicine v. State Of Bihar And Others. the conditions imposed by the regulations made by the Bihar State Council of Ayurvedic and Unani Medicines (in short the `Council'). 4646 of 2003) are before us by special leave. 59. Click here to remove this judgment from your profile. If any college or the educational institution running 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 permission, would run the risk to their students of not being conferred with a recognised degree and penalties provided under the 1982 Act. Section 3 of the Act requires the governing body or organising committee or any body or institution intending to start medical course of study of indigenous system of medicine, along with requisite information regarding the study, to apply to the State Government in the Health Department. Samastipur, Bihar. Under Section 13-A, 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. The complete process to apply online is given below. 32. Section 13-C, however, provides a breathing time to the medical colleges which have been established on or before the commencement of the amending Act of 2003 without the permission of the Central Government to get such permission within a period of three years from the commencement of the Act. Now you can file RTI Online. Case: Ayurvedic Enlisted Doctor's Asson. That has been provided under the 1982 Act. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1050 Community Health Officer (CHO) vacancies. The counsel further submits that after the introduction of the 1982 Act the power of the Faculty to grant affiliation is circumscribed by the requirement of the State Government's permission to open the college imparting education in ayurvedic and Unani systems of medicine. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. 36. Sub-section (6) of Section 13-A provides that where within a period of 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. 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 ayurvedic and Unani systems of medicine. 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. What is the SHS Bihar Community Health Officer Age Limit? Affiliated to B R Ambedkar Bihar University, Muzaffarpur. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 47. 25. 10. It also provides that in case the application is not moved within the stipulated period or the State Government refuses permission, they will be deemed to have been established in contravention of the provisions of the Act. The decision of the Faculty shall be communicated to the institution concerned as soon as possible. The petitioner pleaded to have been registered by a State Council of Ayurvedic and Unani Medicines, of Bihar, Patna registering the petitioner as a Vaidya practising at Village Jalapur Distt. Naolekar . The non obstante clause clearly indicates that a medical institution cannot be established except with the prior permission of the Central Government. Pandey, Sudhanshu Saran, Ms Ranjana Narayan, Ms Shefali Jain, Ranjan Mukherjee, S.C Ghosh, M. Qamaruddin, Ms M. Qamaruddin, Ambar Qamaruddin, Anukul Raj, Gopal Singh, Rituraj Biswas, Shrish Kumar Misra and Navin Prakash, Advocates) for the appearing parties. Section 13-A(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 postgraduate course of study or training, which would enable the students of that medical college for the award of any recognised medical qualification or to increase its admission capacity except with the previous permission of the Central Government obtained in accordance with the provisions of Section 13-A. They were practicising in different places mostly in rural places of Maharashtra. How many vacancies are there in State Health Society Bihar CHO Recruitment? 61. change. 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.) Civil Appeal No. of Bihar or fresh GNM/B.Sc Nursing. Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982, Central Council Act, 1970, in 2003 by introduction of Sections 13-A, 13-B and 13-C. Clauses (a) to (d) of Section 17(1). After reading the provisions of the Act, it is apparent to us that the 1982 Act is supplementary to the 1951 Act. Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. 5. Bihar State Council Of Ayurvedic And Unani Medicine V. State Of Bihar & Ors Author: Manjit Jalla Read related entries on Administrative Law, Civil Law Procedures, Comercial Law, S, State Law, 2007, Licences Sentences, Liquor Sentences, Long Read, Prices Sentences, Sovereign Sentences, ST 16. Institutions, 1970 Central Act. The 1951 Act having not been repealed by the 1970 Act, or till the Second Schedule is not amended derecognising the degree of GAMS, the degree of GAMS given by the State Faculty will remain intact. ; non-recognition of medical qualifications in certain cases; and time for seeking permission of the Central Government for certain existing or new medical colleges. 7253 of 1998 and held that under 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, 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 over the country, which has been sought to be achieved by the Regulations framed under the 1970 Act. The 1951 State Act and the 1970 Central Act are complementary to each other. The Division Bench agreed with the reasoning adopted by the learned Single Judge in CWJC No. On their failure, the medical qualification conferred on the students shall come to naught. AND candidates should have Permanent registration in State Council of Ayurvedic and Unani Medicine, Bihar, Patna and for Homeopathic doctors, Bihar State Ayush with at least two years of experience as a trainer.OR The college or the institution after the Act came into force cannot continue without the permission of the State Government as contemplated in the 1982 Act. The amendment brought about in the Indian Medicine Central Council Act, 1970, in 2003 by introduction of Sections 13-A, 13-B and 13-C 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 13-C to regularise the institution's affairs as required under the Act by seeking permission of the Central Government. About Salfia Unani Medical College. The provisions of Sections 13-A, 13-B and 13-C 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 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 the institutions which are recognised and affiliated to the Faculty under the 1951 Act. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 15. 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 16-11-1981. The officials have invited the application forms from 24th December 2019 up to 10th January 2020 at http://statehealthsocietybihar.org/. It is a cardinal 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. The reasonable reading of Section 13-C(1) puts the existing colleges on a par with the new colleges as both of them are required to seek permission within three years from the commencement of the amending Act. I beg to submit that I want to get my name registered in the list of registered practitioners under theBihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. 1337 of 2007 With Civil Appeal Nos. American Home Products Corpn. 58. The High Court further held that the 1982 Act aims at curing a rampant evil in colleges concerned 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 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. CWJC No. 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, etc. Get 1 point on adding a valid citation to this judgment. Suchana ka Adhikar Aavedan patr. 463 of 2000. Get 2 points on providing a valid reason for the above In construing an Act, a 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. A. Q. Under the 1951 Act, Section 17 provides for the establishment of the Faculty. Lohia Nagar, PATNA-800020 (Bihar) 5. Before confirming, please ensure that you have thoroughly read and verified the judgment. Further, in State v. Sat Ram Dass AIR 1959 Punj 497, the Punjab High Court held that: (AIR p. 498, para 4). 38. 3. 4646 OF 2003 Ashok Kumar & Ors. 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, friction or confusion into the working of the system. It is urged by the learned counsel for the appellants that the colleges which are affiliated to the Faculty under the 1951 Act do not require any approval from 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 the Second Schedule of the 1970 act, as the 1951 act is a self-contained code. However, as per sub-section (2) of Section 13-C, 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 shall be deemed that permission to open or start a new course or increase strength of students was refused by the Central Government. As per new recruitment notification released by the CHO, the total no of vacancies are 1050. The 1951 State Act with its Rules and Regulations is a complete code for recognising 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. Sections 13-A, 13-B and 13-C, Central Council Act, 1970 (the Central Act). Application For Registration. 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