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The Second Schedule provides for the recognised medical qualifications i.e degrees/diplomas, awarded by the States/boards/faculties/universities before the constitution of the Central Council of Indian Medicine. 27. The Act arms the State Government with various powers including the penal powers. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. Under Section 17 of this Act, provisions of the 1981 Ordinance or the 1982 Act. 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.) 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. 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. This job offers a good pay scale as follows: Interested candidates should send the duly filled application form before the last date i.e 14th July 2020. 18. 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 Under Section 13-B, any medical qualification granted by the colleges established without the prior permission of the Central Government is not a recognised medical qualification. Eligibility Criteria for State Health Society Bihar District Asha Trainer Recruitment 2020 – Educational Qualification: > Diploma Course (2 Years Full Time) in ANM (Auxillary Nurse & Midwifery) training course from a recognized ANM Training institute and the candidate should be registered with the “Bihai Nursing Council, with at least two years of experience as a trainee. of Bihar or The decision of the Faculty shall be communicated to the institution concerned as soon as possible. The term “drug” as defined in the Act includes a wide variety of substance, diagnostic, and medical devices. 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. The 1951 Act although provides for the inspection of the institutions which have to be affiliated to the Faculty, does not lay down that the conditions laid down by CCIM are to be followed and adhered to. 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. 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. State Council of Ayurvedic and Unani Medicine is situated in Patna of Bihar state (Province) in India. 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. 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. 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. 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. 4643 of 2003, Civil Appeals Nos. Mills Ltd. 1962 1 SCR 896, SCR at p. 899 and Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461.). Keep the Printed Application form safely for future reference. Citation. Government Ayurvedic College Hospital Patna is one of the reputed Government Ayurvedic Colleges in Bihar. The Central Government may also disapprove the scheme. 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 the 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. Under the 1951 Act, Section 17 provides for the establishment of the Faculty. of Bihar or, Working as a contractual Ayurvedic/Homeopathic/Unanidoctor under NHM/ Govt. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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. 7253 of 1998 and held that the 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 recognised under the 1970 Central Act as per the Second Schedule thereof. The established colleges are also required to seek permission of the Central Government for the medical qualification to be recognised 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. Candidates have to pay the fee online using a debit card, credit card, net banking or offline through E Challan. Q. 33. lohia nagar, patna-800020 (bihar) apply now: superintendent of police patna: to the dsp & pio o/o superintendent of police patna bihar pin code – 800001 apply now Get 1 point on adding a valid citation to this judgment. As per new recruitment notification released by the CHO, the total no of vacancies are 1050. 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. 38. 463 of 2000 and appellant in Civil Appeal No. The 1982 Act has been made applicable to all private medical colleges and medical institutions which are not permanently affiliated to any university in the State of Bihar. 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. 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. 43. UR, BC, MBC and EWS candidates: Rs. 51. 39. Section 22 deals with persons entitled to be registered. The Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 received the assent of the President on 12-9-1951 and the assent was first published in the Bihar Gazette, Extraordinary, dated 17-10-1951. P.P Naolekar, J.— The brief facts of the case are that six petitioners in CWJC No. 825 of 1998 filed by Pramila Kumari 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 recognised degree by CCIM. v. Mac Laboratories (P) Ltd. I beg to submit that I want to get my name registered in the list of registered practitioners under the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951. On their failure, the medical qualification conferred on the students shall come to naught. In exercise of powers under Section 3, the State Government shall, by notification, constitute a Council to be called the Bihar State Council of Ayurvedic and Unani Medicines, which shall consist of a President and the members mentioned in Clauses (a) to (n) of Section 3(1). The 1951 State Act is consistent with the 1970 Central Act in regard to granting of the GAMS degree, as the degree granted under the 1951 State Act is still recognised under the 1970 Central Act. WITH CIVIL APPEAL NOS. 12. 2 (d) "Medical practitioner" or "practitioner" means a person who is engaged in the practice of modern scientific medicine in any of its branches including surgery and obstetrics, but not including veterinary medicine or surgery or the Ayurvedic, Unani, Homoeopathic '[system of medicine]. 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. Clause (d) of sub-section (2) of Section 17, Civil Appeal No. 4643 of 2003), Dr. Sudhir Kumar Singh & Ors. As per the Second Schedule of the 1970 Act, a Central Act, which contains Statewise entries, Entries 6 to 9-A relate to the institutions/universities of Bihar which recognise GAMS degree under Entry 6 from 1953 onwards. Affiliated to B R Ambedkar Bihar University, Muzaffarpur. 14. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as the respondents. of Bihar or fresh GNM/B.Sc Nursing. of 2008. For this proposition, the learned counsel for the State has relied upon the provisions of Sections 13-A, 13-B and 13-C which have been introduced by the amending Act of 2003. Introduction to this Act reads as under: 19. 16. 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. Please log in or sign up for a free trial to access this feature. The Court approved the decision of the learned Single Judge whereby he had come to the conclusion that the 1982 Act has been enacted to regulate the indiscriminate opening of indigenous medical institutions in the State by persons of bodies registered under the Societies Registration Act, 1960 and had in fact commercialised the system of education in indigenous medicine; therefore, the institutions which are not recognised by the State under the 1982 Act could not impart the study in Ayurvedic medicine. Power of the State Government to enforce the provisions of the Chapter. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982) which came into force on 21-1-1982. However, we make it clear that any body, agency, college or institution which has not sought permission from the State Government would not be granted affiliation by the Faculty under the 1951 Act and the State Government shall take appropriate steps under the 1982 Act if any body, agency, college or institution is/are functioning without the permission of the State Government as required under the 1982 Act. How many vacancies are there in State Health Society Bihar CHO Recruitment? 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. 20. Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. In Narashimaha Murthy v. Susheelabai 1996 3 SCC 644 (SCC at p. 658, para 20), it was held that: 54. contains alphabet), Bihar State Council Of Ayurvedic And Unani Medicine v. State Of Bihar And Others. 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 recognised university of the State. 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. 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. Section 13-A nowhere provides that the students who have studied in the medical college would be eligible to seek permission of the Central Government under that section. allopathic medicine for piles,how to cure piles permanently,piles treatment in tamil. 38. This data has been provided by www.punjabcolleges.com. 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. Medical colleges opened on or before the coming into force of the amending Act of 2003 are necessarily required to take permission within three years to save the recognised medical qualification of the students. 29. Act viz. 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. This Act was enacted by Parliament and came into force on 21-12-1970. The phrase “on or before” has made it clear that the existing colleges are also required to seek permission and there is no exemption. 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. 37. 2. A. About Salfia Unani Medical College. 463 of 2000 and the appellant in Civil Appeal No. 10. 15. The learned Single Judge differed with the view taken by the Court in CWJC No. Q. 11. American Home Products Corpn. Section 21 of the Bihar Act refers to the maintenance of registers. The Himachal Pradesh Board of Ayurvedic and Unani Systems of Medicine is functioning since 1971. state council of ayurvedic & unani medicine bihar: to the pio o/o the registrar state council of ayurvedic & unani medicine, k-52, hanuman nagar, po. provisions of the 1981 Ordinance or the 1982 Act. By virtue of Clause (d) of Sub-section (2) of Section 17, the Faculty is to recognise educational or instructional institutions of the ayurvedic and Unani systems of medicine for purposes of affiliation. 47. Council of Ayurvedic and Unani Medicines, Bihar. Sections 13-A, 13-B and 13-C in 2003, unrecognised.59. * Enter a valid Journal (must Institutions already imparting education in indigenous system of medicine are required to take permission after coming into force of the 1982 Act. 9. 31. 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. Registration should be done at Bihar State Ayurvedic and Unani Medicine Council, Bihar Patna. We Are Recognized by: Central Council of Indian Medicine & approved by Department of AYUSH, Ministry of health & family welfare, Government of India, New Delhi And State Government of Bihar. No. This section prohibits admission of the students in such institutions till the grant of permission by the Government. Central Council Act, 1970 (for short the 1970 Act), Central Council (Amendment) Act, 2003 (58 of 2003), sub-section (1), the provisions of Section 13-B, provisions of Sections 13-A, 13-B and 13-C, Parliament.19. Chhatisgarh: Dr. D.K. Samastipur, Bihar. The officials have invited the application forms from 23rd June 2020 to 14th July 2020 at http://statehealthsocietybihar.org/. Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. 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. 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. The Faculty while exercising its powers has to abide by the conditions laid down in the Rules and Regulations. 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. 25. 8. It is an admitted fact that the 1951 Act has not been repealed by the 1970 Central Act nor is it 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. 4646 of 2003. 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. For the State of Bihar, Item 6 of the Second Schedule reads as under: 22. the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982). 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). change. Patna comes under Patna Tehsil, Patna District. 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 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 … 4646 of 2003) are before us by special leave. The non obstante clause clearly indicates that a medical institution cannot be established except with the prior permission of the Central Government. 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 Act also provides provision for seizure of the accounts by the State Government of an institution contravening the provisions of the Ordinance or the Act. Further, in State v. Sat Ram Dass AIR 1959 Punj 497, the Punjab High Court held that: (AIR p. 498, para 4). It was held that the State Authorities under the 1982 Act have rightly taken the follow-up action. (in Civil Appeal No. A. subject to the rules as may be prescribed by the State Government in this behalf. From the aforesaid provisions, it is apparent that an application seeking permission for opening a medical college has to be moved by a person which also includes a university or a trust or a medical college or those which are already running the medical college when the amending Act came into force. The said Board is governed by the Himachal Pradesh Ayurvedic and Unani Practitioners Act, 1968. 4646 OF 2003 Ashok Kumar & Ors. GNM/B.Sc Nurses to be trained in Certificate in Community Health: Candidates should have completed General Nurse and Midwifery (GNM) from a recognized institute or Bachelor of Science in Nursing from a recognized university or institution, They should have permanent registration from an Indian Nursing Council or any State Nursing Council, Working as a regular Staff Nurse, GNM/B.Sc Nursing under Govt. Under Section 54, the Council is authorised to make regulations subject to the provisions of the Act and the rules made by the State Government. For the purposes of the 1970 Act, “Indian medicine” is a system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb. State Health Society Bihar has released SHS Bihar Recruitment 2020 Notification to recruit the candidates for 1500 Community Health Officer (CHO) vacancies. The whole spectrum of the amendment brought about by introducing Sections 13-A, 13-B and 13-C indicates that it has an application from the date they have been introduced by an amendment in the 1970 Central Act. 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. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. of Bihar or fresh Ayurvedic/Homeopathic/Unani doctor, Selection of the candidates for SHS Bihar CHO Vacancies will be on the basis of the Computer Based Test (CBT), Candidates who got selected have to provide the permanent registration from Bihar Nursing Registration Council (BNRC), Patna at the time of joining as Community Health Officer (CHO), Log on to the SHS official portal i.e, http://statehealthsocietybihar.org/, On the home page, find and hit the related advertisement link “Notice: Advt. Brief facts of the attorneys appearing in this view, the medical qualifications which are recognised under the viz. Conferred on the students shall come to naught different places mostly in rural places of Maharashtra Recruitment Notification... 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