Section 13-B 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 recognised medical qualification for the purposes of the Act. 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. American Home Products Corpn. In American Home Products Corpn. (in Civil Appeals Nos. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. 38. Mills Ltd. 1962 1 SCR 896, SCR at p. 899 and Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461.). Section 13 of the Act further authorises the State Government to authorise any officer to enter into the premises of the 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. 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. * Enter a valid Journal (must Under Clause (d) of sub-section (2) of Section 17, provisions of Section 13-A. 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. Chhatisgarh: Dr. D.K. AYUSH doctors to be trained in Certificate in Community Health: Applicants must be Bachelor in Ayurvedic Medicine and Surgery (BAMS) or Bachelor in Unani Medicine and Surgery (BUMS) or Bachelor in Homeopathic Medicine and Surgery (BHMS) from recognized university or institution, They should have permanent registration from a State Council of Ayurvedic and Unani Medicine, Bihar, Patna and for Homeopathic doctors, Bihar State Homeopathic Board, Bihar, Patna, Working regular Ayurvedic/Homeopathic/Unani doctor under Govt. 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 derecognised or not in operation after the 1970 Act came into force. 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 13-C 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. Samastipur, Bihar. The Central Government on receipt of such application may require the applicant to submit such other particulars as may be considered necessary. Clauses (a) to (n) of Section 3(1).14. The Ordinance was later replaced by introduction of the Act viz. 2. Bachelor in Ayurvedic Medicine and Surgery (BAMS)/ Bachelor in unani Medicine and Surgery (BUMS)/ Bachelor in Homeopathic Medicine and Surgery (BHMS) from recognized university/ Institution and candidate should have Permanent registration in State council of Ayurvedic and Unani Medicine, Bihar, Patna and for Homeopathic doctors. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. degree from any recognized university, (Bachelor of Ayurvedic Medicine and Surgery) Must have compulsory internship training. S.B Sanyal, Senior Advocate (Akhilesh Kr. 34. 4643 of 2003, Civil Appeals Nos. 9. How many vacancies are there in State Health Society Bihar CHO Recruitment? Insertion of Section 13-A in the 1970 Central Act in the year 2003 has regulated the opening of an indigenous medical college. Sub-sections (2), (3), (4), (5), (6), (7), (8) and (9) of Section 13-A, Central Council (Amendment) Act, 2003, particularly Sections 13-A, 13-B and 13-C, Central Council (Amendment) Act, 2003 (for short the Amending Act). 51. 463 of 2000 and appellant in Civil Appeal No. Under Clause (b) of Section 17(2), the Faculty is authorised to hold examination and grant certificates to, and confer degrees or diplomas on, persons who shall have pursued a course of study in the institutions affiliated to the faculty. 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. In Narashimaha Murthy v. Susheelabai 1996 3 SCC 644 (SCC at p. 658, para 20), it was held that: 54. On a reasonable construction of these sections, we hold that the provisions of Section 13-B whereby the qualification granted to any student of a medical college would not be deemed to be a recognised medical qualification would not apply. 21. 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. 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. 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. 39. Civil Appeal No. 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 judgment of the High Court is set aside and we hold that the GAMS degree conferred on the appellant students shall be treated as a recognised degree for the purposes of taking admission to the higher courses of study and also for the purposes of employment. 7. Under the 1951 Act, Section 17 provides for the establishment of the Faculty. 56. 4643 of 2000) is empowered to confer a degree of Graduate in Ayurvedic Medicine and Surgery (GAMS) from 1953 onwards. 24. 43. 40. Power of the Council to establish educational institutions, prescribe courses of study, etc. 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, agency, college or institution by the Central Council of Indian Medicine (CCIM) or Inspector appointed by the State Government to see whether the conditions laid down by CCIM constituted under Section 3 of the 1970 Act are fulfilled or not. After reading the provisions of the Act, it is apparent to us that the 1982 Act is supplementary to the 1951 Act. 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. of Bihar or, Working as a contractual Staff Nurse/GNM/B.Sc Nursing under NHM/Govt. Preamble to the Ordinance reads as under: 30. Under Section 17 of this Act, the Council shall establish a State faculty of ayurvedic and Unani medicines for the purposes of the Act which shall consist of a Chairman and the members enumerated in Clauses (a) to (d) of Section 17(1). 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. The Indian Medicine Central Council Act, 1970 (the 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. 50. 20. Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. 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. ... state council of ayurvedic and unani medicines bihar … 4644-45 of 2003, Civil Appeal No. RTI Application form for STATE COUNCIL OF AYURVEDIC & UNANI MEDICINE BIHAR. 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. To, The Registrar, Council of Ayurvedic and Unani Medicines, Bihar. 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. The act defines “cosmetic” as any product that is meant to be applied to the human body for the purpose of beautifying or cleansing.In 1964, the act was amended to include Ayurveda, Siddha, and Unani (ASU) drugs.. Ayurvedic, Siddha and Unani drugs include all medicines … State Health Society, Bihar Jobs 2020 for Community Health Officer, candidates can apply for 300 position after completing BAMS, BUMS, BHMS. 4643 of 2003), Dr. Sudhir Kumar Singh & Ors. 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. Under the 1970 Act, CCIM is competent to prescribe the minimum standard of education including curriculum and syllabi as well as other requirements like hospital, library, students' hostel, staff for college, staff for hospital, library, herbal garden, requirements of various departments of colleges, etc. 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. Section 13-C(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 13-A, 13-B and 13-C in 2003, unrecognised. 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. Registration should be done at Bihar State Ayurvedic and Unani Medicine Council, Bihar Patna. Out of the two interpretations, that language of the statute should be preferred to that interpretation which would frustrate it. If the permission is refused, the institution will be closed down. 17. 32. 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. 29. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Therefore, by virtue of introduction of the 1982 Act, it cannot be said that the degrees conferred on the students who have studied in the colleges which have not been granted permission by the State Government as required under the 1982 Act, will be ipso facto illegal and could not be given effect to. 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 of 2003. 33. 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 postgraduate course in Ayurved leading to award of degree of Doctor of Medicine in Ayurved. 09/2019 and 10/2019 (6-Months CCH for GNM/B.Sc Nursing and AYUSH (Ayurveda/Homeopath/Unani) under NHM  “, Go through the details provided in the official State Health Society Bihar CHO Recruitment 2020 notification, Ensure the eligibility criteria and hit the “Apply Online”, Fill all the details in the State Health Society Bihar CHO application form, Verify all the details once before submitting the application form, Take a print out and keep the hard copy of the application form for future reference. 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