TaxTMI 
TaxTMI 
2007 (11) TMI 614
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....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 (Bachelor of Ayurvedic Medicine and Surgery) course at graduate level and MD(Ay.) course at post-graduate level, and only the course prescribed by CCIM is to be conducted by the universities and the prescribed degree can only be awarded by them as per the 1970 Act. It was also the case of the respondents that after the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982 (for short the 1982 Act), the GAMS degree ....
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....d 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 Hon ble the Chief Justice. 5. The judgment of the learned Single Judge in CWJC No. 7253 of 1998 was challenged by filing LPA No. 451 of 2000 by only one petitioner, namely, Dr. Sudhir Kumar Singh and other petitioners were impleaded in the case as respondents. Also the Bihar State Council of Ayuyrvedic and Unani Medicine aggrieved by the judgment in CWJC No. 7253 of 1998, filed another letters patent appeal which was registered as LPA No. 46....
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....e 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 the session commenced in 1992 and they are recognized under the 1951 Act. 8. 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. This Act was enacted to provide for the development of the ayurvedic and Unani systems of medicine, to regulate their teaching and practice, and to control the ....
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....ze 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 recommended that a statutory Central Council on the lines of the Medicinal Council of India for modern system of medicine should be established for the proper development of these systems of medicine (Ayurveda, Siddha and Unani). In June, 1966 the Central Council of Health at its 13th meeting, while discussing the policy on Ayurvedic education, recommended the setting up of a Central Council for Indian system of medicine to lay down and regulate standards of educatio....
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....e 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 itself recognizes the GAMS degree given by the State Faculty of Ayurvedic and Unani Medicines, Patna, Bihar from 1953 onwards and thus it cannot be said that the course prescribed by the Faculty for conferment of a degree of GAMS is de-recognised under the 1970 Act. 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 State Faculty. Degree conferred by a university and degree conferred by a faculty are different for which separate courses have been prescribed. The 1951 Act having not been repealed by the 1970 Act, or till the Second Schedule is not amended de-recognising the degree of GAMS, the degree of GAMS given by the State Faculty will remain intact....
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....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 the Act of 1982 came into force, all colleges which are affiliated to the Faculty or which have to be opened after the Ordinance of 1981 and the Act of 1982 came into force, require permission of the State Government for opening or continuing the colleges or institution running the colleges, imparting education in indigenous system of medicine. 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 recognized degree and penalties provided under the 1982 Act. The counsel further submits that after the introduction of 1982 Act the power of the Facul....
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....s 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 interest of students, admitted to such institutions after charging heavy capitation fee or donation and as such the circumstances exist which render it necessary to prescribe for regulation and control on the opening of College or Institutions of Indigenous System of Medicine in the State of Bihar; 17. The Ordinance was later replaced by introduction of the Act, viz., the Bihar Indigneous Medical Educational Institution (Regulation and Control) Act, 1981 (Act 20 of 1982) which came into force on 21st January, 1982. Section 3 of the Act requires the Governing Body or Organizing 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. 1....
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....e 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 months of refusal of permission. Section 15 gives authority to the State Government to seize the accounts of an institution contravening the provisions of the Act. From these provisions, it is apparent that after introduction of the 1981 Ordinance and the 1982 Act, the Governing Body or the Organizing Committee or any body or institution intending to start any course of study in indigenous system of medicine is required to seek permission of the State Government to open a private medical college or medical institution for admitting the students to be conferred with a degree, diploma, etc., as included in the Second Schedule of the 1970 Act. It is only the Governing Body or the Organising Committee or any body or institution which has been permanently affiliated to any University in the State of Bihar is exempted fro....
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....der 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 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. 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. 21. It is then contended by the learned counsel for the State that after the coming into force of the Indian Medicine Central Council (Amendment) Act, 2003 (for short the Amending Act) on 7th November, 2003, if any medical college esta....
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....al 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 purposes of this Act. (2) Where any medical college opens a new or higher course of study or training including a post-graduate course of study or training 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 on the basis of such study or training shall not be deemed to be a recognised medical qualification for the purposes of this Act. (3) Where any medical college increases its admission capacity in any course of study or training 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 on the basis of the increase in its admission capacity shall not be deemed to be a recognised medical qualification for the p....
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....y 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 such permission within a period of three years from the commencement of the Act. Therefore, the colleges or the institutions which have not obtained the permission of the Central Government may do so within a period of three years from the commencement of the Act to save the medical qualification conferred on the students of such medical colleges from the rigour of Section 13B of the 1970 Act. However, as per sub-section (2) of Section 13C, 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. Medical colleges opened on or before the coming into force of the Amending Act ....
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....e 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 Sections 13A, 13B and 13C 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 recognized and affiliated to the Faculty under the 1951 Act. 24. In our opinion, where the legislature has used words in an Act which if generally construed, must lead to palpable injustice and consequences revolting to the mind of any reasonable man, the court will always endeavour to place on such words a reasonable limitat....
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....t 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, be avoided. 27. The amendment brought about in the Indian Medicine Central Council Act, 1970, in 2003 by introduction of Sections 13A, 13B and 13C 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 13C to regularize the institution s affairs as required under the Act by seeking permission of the Central Government. Insertion of Section 13A in the 1970 Central Act in the year 2003 has regulated the opening of an indigenous medical college. The non-obstante clause clearly indicates that a medical institution cannot be established except with the prior permission of the Central Government. Under Section 13B, any medical qualification granted by the colleges established without the prior permission of the Central Government is not a recognized me....