DR. RAVINDER NATH versus STATE OF H.P. AND ORS.

Citation: [1992] SUPP. 1 S.C.R. 876 · Decided: 25-09-1992 · Supreme Court of India · Bench: P.B. SAWANT · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
DR. RAVINDER NATH 
v. 
STATE OF H.P. AND ORS. 
SEPTEMBER 25, 1992 
B 
(P.B. SAWANT AND N.P. SINGH, JJ.] 
Se1Vice Law : 
Indian Medical Central Council Act, 1970 : Sections 14,17, Second 
C Schedule, Entry 105 Column 4. 
The Himachal Pradesh Ayu1Vedic and Unani Practioners Ac4 1968 : 
Sections 2(d), 15, 31, Schedule I. 
Himachal Pradesh Health & Family Planning DepaTtment subordinate 
D Class Ill Se1Vices (Recruitment, Promotion and certain conditions of Se1Vice) 
Rules, 1974: "· 7, II. 
State Government Notificatio11 No.J-38/7:J-H/P. W. dated 21.Z.1978. 
Promotion--Ayurvedic compounders--l'romotion to Ayu1Vedic Chikit-
E sa Adhikari (Vaidya)-Qualifications-Diplomas/degrees of Vaidya 
Visharad/Ayu1Ved-Ratna of Hindi Sahitya Sammelan, Allahabad conferred 
during 1931 to 1967 alone shown as recognised medical qualifications-Ayur-
vedic compounders confe"ed diplomas/degrees by H.S.S. after 1967-Not 
qualified for promotion. 
F 
Respondents Nos.3 to 9 were Ayurvedic compounders in the State 
Health and Family Planning Department. The Departmental Promotion 
Committee which met io 1977 did not select the respondents for promotion 
to the post of Ayurvedic Chikitsa Adhikari (Vaidya) on the ground that 
they did not have the qualification as required by the Himachal Pradesh 
Health & Family Planning Department Subordinate Class Ill Services 
G (Recruitment, Promotion and certain conditions of Service) Rules, 1974. 
The respondents tiled a writ petition before the High Court contending 
that they, having acquired the diplomas/degrees of Vaidyi: Visharad/ 
Ayurved Raina of Hindi Sahitya Sammelan, Allahabad were eligible for 
promotion. The writ petition was transferred to the Central Administrative 
H tribunal. 
876 
DR.RAVINDER v.STATEOFH.P. 
877 
The State and the promotee Vaidyas contended before the Tribunal A 
that the diploma/degree of Hindi Sahltya Sammelan acquired between 1931 
and 1967 alone would be recognised as a professional Medical qualifica· 
tion under the Indian Medical Central Council Act, 1970 and since the 
respondents acquired the diplomas/degrees In 1974, they were not qualified 
for promotion. 
The Tribunal allowed respondents' application holding that the 
IMCC Act, 1970 being enforced in the state of Hlmacbal Pradesh from 
10.9.1976 was not applicable to the respondents; and that the promotion 
was governed only by the State Rules, 1974. 
In appeals by special leave to this Court tiled by the State and 
promotee Vaidyas, the respondents contended that for the promotees Rule 
ll•of the 1974 Rules is applicable which, unlike Rule 7 meant for direct 
recruits, does not require that the Board or the Institute from which the 
degrees/diplomas are obtained should either be established under a S.tate 
enactment or recognised by the Central or State Government. 
Allowing the appeals, this Court, 
B 
c 
D 
HELD : 1.1. The diplomas/degrees of Vaidya Visbarad/Ayurved· 
Katoa obtained by the respondents from Hindi Sahitya Sammelan, Allaha· E 
bad after 1967 do not entitle them to be considered for promotion to the 
post of Vaidya. [p. 884-E) 
1.2. The Indian Medical Central Council Act, 1970, except Section 17 
came into force in the State of Himachal Pradesh from 15.8.1971. Even 
assuming that the whole of the Act bad come into force in the State for the F 
first time on 10.9.1976, the provisions of Section 17 confining the recogni· 
lion of diplomas/degrees conferred by the H.S.S. between 1931 and 1967 
alone, were very much in force on 2.12.1977 when the D.P.C. considered the 
cases of the respondents for promotion, and on that date the D.P.C. could 
not have recognised the qualifications of the respondents which were G 
admittedly obtained in 1974. [pp. 881 A·C; 882-C) 
1.3. The Second Schedule to the IMCC Act of 1970 which enumerates 
recognised medical qualifications and is prepared pursuant to Section 14 
of the Act, came into force in the State on 15.8.1971, i.e., even prior to 
respondents' obtaining the degrees/diplomas from H.S.S. This Schedule at H 
878 
SUPREME COURT REPORTS (1992] SUPP. 1 S.C.R. 
A SI. No.105 column 4, mentions that diploma/degree given by H.S.S. rrom 
1931 to 1967 alone are recognised. [p. 882 B·D] 
1.4. In view of the provisions of Section 15 read with Section 31 and 
Schedule I of the State Act of 1968, only a person possessing the quallflca· 
tion recognised by the Board as defined under Section 2(d), I.e., tbe Board 
B of Ayurvedic and Unanl System of Medicines In, Himachal 

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