Mon. Jan 25th, 2021

Ashfaque Ansari vs Union Of India & Ors. on 7 January, 2016

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1. This petition is filed challenging the amendment to the Second
Schedule to Indian Medicine Central Council Act, 1970 (for short IMCC
Act, 1970) vide Notification dated 25.06.2010 issued by the Ministry of
Health and Family Welfare, Department of Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homeopathy, and also to quash the orders
dated 01.05.2014 passed by the Respondent Nos. 2 and 4, and
consequently, to direct the respondents to grant registration to the
petitioner‟s qualification of GAMS (Graduate in Ayurvedic Medicine and
Surgery) obtained in the year 2012.
2. The petitioner who hails from the State of Bihar, joined GAMS
course conducted by the Respondent No. 7 College in the Academic

W.P.(C) No.5472/2014 Page 1 of 10
Session 1996-97. While he was undergoing the said course, a dispute
arose regarding the validity of the GAMS degree conferred by the State
faculty of Ayurvedic and Unani Medicines, established under Section 17 of
the Bihar Development of Ayurvedic and Unani Systems of Medicine Act,
1951 (for short „State Act, 1951‟) and therefore, no examinations were
conducted after the year 2000 for GAMS course. Ultimately, the dispute
was concluded by the judgment of the Supreme Court of India dated
01.11.2007 in Civil Appeal No. 4643/2003 titled Bihar State Council of
Ayurvedic v State of Bihar and others, (2007) 12 SCC 728, wherein it
was held that the GAMS degree 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. Even thereafter, the Respondent No.6/Bihar
State Ayurvedic and Unani Chikitsa Parishad failed to conduct the
examinations of GAMS course and finally the Chairman of the State
Faculty of Ayurvedic and Unani Medicine, in exercise of the powers
vested in him under Section 17 of the State Act, conducted the exams in
the month of April, 2012. Having appeared for the said examinations, the
petitioner cleared all the left over subjects of GAMS course and has been
declared passed. He was also issued provisional certificate by Bihar State
Ayurvedic and Unani Chikitsa Parishad (for short „Bihar Parishad‟) and the
petitioner had also completed the compulsory internship from 06.08.2012
to 05.02.2013. Thereafter, on 10.10.2013, the petitioner made an
application before the Delhi Bhartiya Chikitsa Parishad, (for short
„DBCP‟), Department of Health and Family Welfare, Government of
NCTD, for registration of his GAMS qualification.

Source: Indian Kanoon

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