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TMI Blog2007 (11) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... dicines (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 (Bachelo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 under 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 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 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, the matter was directed to be placed before a Division Bench after necessary orders of H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Act, 1960 and had in fact commercialized the system of education in indigenous medicine; therefore, the institutions which are not recognized by the State under the 1982 Act could 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 LPAs and the writ petition, which were dismissed by the 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 of 2003) and Ashok Kumar Singh Ors. (in Civil Appeal No. 4646 of 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 affiliation by the Faculty on 19.8.1995 with retrospective effect from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed institutions, and to grant certificates and confer degrees or diplomas. 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 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 confer degree of GAMS. 11. The Indian Medicine Central Council Act, 1970 (Central Act) provides for constitution of a Central Council of Indian 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: To consider problems relating to the Indian system of medicine and Homoeopathy a number of Committees were appointed by the Government of India, which had recommende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifications Abbreviation for Registration Remarks Xxx xxx xxx Bihar 6. State Faculty of Ayurvedic and Unani Medicines, Patna, Bihar Graduate in Ayurvedic Medicine and Surgery G.A.M.S. From 1953 onwards.. Xxx xxx xxx Under the 1970 Act, the State Faculty established under the Bihar State Council of Ayurvedic and Unani Medicines (appellant in LPA No. 463 of 2000 and appellant in Civil Appeal No. 4643 of 2000) is empowered 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 the provisions of the 1970 Act. The Second Schedule in the 1970 Act it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 1982 Act could be conferred with GAMS degree by the Faculty, and if such degrees are conferred what shall be 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 have studied in the colleges which have not sought or have not been given permission 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 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 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 respondents that after the Ordinance of 1981 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a limited period or may reject it. The decision of the Faculty shall be communicated to the institution concerned 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 Ayurvedic and Unani systems of medicine. 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 :- Whereas, the Legislature of the State of Bihar 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 of Indigenous 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 of Indigenous Medical Education and is highly detrimental to the intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the students in such institutions till the grant of permission by the Government. 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. Section 10 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 ₹ 10,000/- and imprisonment for a term which may extend upto three years. In case of continuing contravention, such person shall be liable to pay a further fine which may extend to ₹ 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. 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 organizer of such institution to close it down within a period of three ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffiliated to the Faculty, does not lay down that the 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 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 the 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 have been affiliated with the Faculty but without permission under the 1982 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 degree 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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f for the award of any recognised medical qualification; or (ii) increase its admission capacity in any course of study or training including a post-graduate course of study or training, except with the previous permission of the Central Government obtained in accordance with the provisions of this section. Explanation 1.--For the purposes of this section, person includes any University or a trust, but does not include the Central Government. Explanation 2.--For the purposes of this section, admission capacity , in relation to any course of study or training, including 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 xxx 13B. Non-recognition of medical qualifications in certain cases.-- (1) Where any medical college is established without the previous permission of the Central Government in accordance with the provisions of section 13A, medical qualification granted to any student of such medical college shall not be deemed to be a recognised medical qualification for the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion capacity except with the previous permission of the Central Government obtained in accordance with the provisions of Section 13A. 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 a new medical college or for opening of a new higher course of study or increasing admission capacity and how it would be dealt with. Section 13B 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 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 13C, 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 suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication seeking permission for opening a medical college has to be moved by a person 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 13A 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 or Section 13C nowhere contemplates moving of an application by the students to take steps under Section 13A. 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 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 the Amending Act of 2003 and, therefore, no body is interested in seeking permission of the Central Government. 23. The provisions of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. State of Kerala, 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. 26. In series of judgments of this Court, these exceptional situations have been provided for. In Narashimaha Murthy v. Susheelabai, (1996) 3 SCC 644 (at page 647), it was held that: The purpose of law is to prevent brooding sense of injustice. 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 Another, AIR 1986 SC 137 (at page 166, 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. 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, grammatical and ordinary sense of the words can, in certain circumstances, b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medical colleges which are in existence or the medical colleges which have to be established should compulsorily seek 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 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 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 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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