23. 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. Power of the Council to establish educational institutions, prescribe courses of study, etc. of Bihar or, Working as a contractual Staff Nurse/GNM/B.Sc Nursing under NHM/Govt. The Central Government after considering the scheme and recommendations of the Central Council and after obtaining such other particulars as felt necessary, may approve the scheme with such conditions which are considered necessary. 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. 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. After reading the provisions of the Act, it is apparent to us that the 1982 Act is supplementary to the 1951 Act. 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. 12. 24. 13. (in Civil Appeals Nos. 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 21 of the Bihar Act refers to the maintenance of registers. 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. Preamble to the Ordinance reads as under: 30. As per new recruitment notification released by the CHO, the total no of vacancies are 1050. 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. ; non-recognition of medical qualifications in certain cases; and time for seeking permission of the Central Government for certain existing or new medical colleges. the conditions imposed by the regulations made by the Bihar State Council of Ayurvedic and Unani Medicines (in short the `Council'). By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. No. The Act arms the State Government with various powers including the penal powers. Thus, new colleges or existing colleges cannot any more grant a recognised qualification without the sanction of the Central Government. The learned Single Judge differed with the view taken by the Court in CWJC No. 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. 1500 State Health Society Bihar Jobs - Overview. 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. Get 1 point on adding a valid citation to this judgment. 4643 of 2003, Civil Appeals Nos. 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. Sections 13-A, 13-B and 13-C in 2003, unrecognised.59. 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. By virtue of Section 9, the institutions which have been functioning without prior permission or approval of the State Government are required to apply for such permission within a period of one month from the date of coming into force of the 1982 Act. Under Clause (d) of sub-section (2) of Section 17, provisions of Section 13-A. 49. Also the Bihar State Council of Ayurvedic and Unani Medicine aggrieved by the judgment in CWJC No. They were practicising in different places mostly in rural places of Maharashtra. 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. 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