LexBIHAR STATE COUNCIL OF AYURVEDIC AND UNANI MEDICINE versus STATE OF BIHAR AND ORS.
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' l -- i • A BIHAR STATE COUNCIL OF A YURVEDIC AND UNANI MEDICINE v. STATE OF BIHAR AND ORS. B NOVEMBER 1, 2007 [B.N. AGRA WAL AND P.P. NAOLEKAR, JJ.] Bihar Development of Ayurvedic and Unani Systems of Medicine c Act, 1951 /Indian Medicine Central Council Act, 1970 with Amending Act o/2003; Ss.2(e), 2(/), J 3(A), J 3(B) & J 3(C) and Schedule-11/Bihar Indigenous Medical Educational institution (Regulation & Control) Act, 1982; Ss.3, 5, 9, 11 & 13: D Graduate of Ayurvedic Medicine & Surgery (GAMS) Degree- Consideration for the purpose of admission to higher course of study/ employment-Degree conferred by State University/Institution in terms of 1951 Act prior to introduction ofS.l 3(A), (BJ & (C) by way of amendment in 1970 Act and also before enforcing of 1982 Act E without obtaining permission to continue in terms of provisions thereunder-Legality of-Held: 1951 Act is a complete code for recognizing and granting affiliation to indigenous medical Institution by State Faculty of Ayurvedic and Unani Medicines-No provision found in 1982 Act which takes away the degree already conferred by F the Faculty under 1951 Act and also accepted to be recognized degree under 1970 Act-Hence, the degree so granted will not be ipso facto ·r-- illegal merely on ground that no permission sought for by the College/ Institution-Following the principles of interpretation, on reasonab!e construction of various provisions under 1970 Act, the provisions G whereby medical qualification granted to any student by the College/ Institution without obtaining permission to continue would not be deemed to be a recognized qualification, would not apply-The degree 1 .. legally conferred prior to commencement of Amending Act shall be treated as recognized degree-Hence, GAMS degree conferred on appellant shall be treated as a recognized degree for the purpose of H 824 \ y \ + BIHARSTATECOUNCILOF AYURVEDICANDUNANI 825 MEDICINEv. STATE admission to higher course of study and for employment~ A Interpretation of Statutes. Interpretation of Statutes: General construction of words used in the provisions under the Act-Causing palpable injustice-Jurisdiction of Court to place B reasonable limitation-Discussed. ' The questions which arose for determination before this Court in these appeals were as to whether with the introduction·of the Bih~r Indigenous Medical Educational Institution (Regulation and Control) C Act, 1982, the students who had studied in the colleges which were not recognized under the provisions of 1982 Act could be conferred with Graduate of Ayurvedic Medicines & Surgery (GAMS) degree by the State Faculty of Ayurvedic & Unani Medicines, and if such degrees were conferred what shall be the fate of the degrees; and what would be the effect of Sections 13(A), 13(B) and 13(C) D introduced by way of Amendment Act, 2003 in the Indian MedicineS Central Council 1970 Act, on the degrees conferred on the students who had studied in these colleges/Institutions which did not seek for or had not been given permission to continue these Colleges/ Institutions in terms of provisions under Section 13(C) of the 1970 E Act. Appellants contended that the colleges which are affiliated to the Faculty under the Bihar Development of Ayurvedic and Unani System of Medicines Act, 1951 do not require any approval front F 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 Secon~ Schedule of the 1970 Act, as the 1951 Act is a self-contained code .. Respondents submitted that after Bihar Indigenous Medical G Educational Institution (Regulation & Control) Act, 1982 came into I force, all colleges which were affiliated to the Faculty or which have to be opened, require permission of the Staie Government for, opening or continuing them for imparting education in indigenous system of medicine; that in case, any college or the educational· H 826 SUPREME COURT REPORTS [2007] 11 S.C.R. A institutions continues the educational facility, imparting education in indigenous system of medicine without granting permission in terms of the provisions of 1982 Act, would run the risk to their students of not being conferred with a recognized degree and penalties as provided under the 1982 Act; that after the introduction B of 1982 Act the power of the Faculty to gra
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