Case BriefsSupreme Court

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., held that the permission granted to start Post Graduate course for the upcoming academic year after removal of deficiency cannot efface the deficiencies that were found in the previous academic year. Holding the impugned concurrent findings of the Courts below per incuriam, i.e. being passed in complete disregard of relevant judicial precedent, the Bench remarked,

“We are at pains to say that though the judgment in the case of Ayurved Shastra Seva Mandal (supra) was specifically relied on by the appellant herein, the learned Single Judge and the Division Bench of the High Court of Karnataka have chosen to rely on the earlier judgments of the Division Bench of the same High Court rather than a judgment of this Court.”

The Karnataka Ayurveda Medical College (respondent) had applied to the Central Council for Indian Medicine (appellant) for permission to start Post Graduate course for the academic year 2014-15. The appellant granted permission to start five new Post Graduate Ayurvedic disciplines with five seats each in accordance with the then prevalent Indian Medicine Central Council (Post-Graduate Ayurveda Education) Regulations, 2012 which was superseded by the Regulations, 2016.

Consequently, the central government directed the appellant to inspect the facilities available with the respondent in accordance with the relevant Regulations and submit its recommendations and the inspection report to it. The appellant inspected the facilities available with the respondent and pointed out certain deficiencies. Accordingly, a notice was issued to the respondent by central government and after hearing the respondent the central government rejected permission to admit students to the Post Graduate courses for the academic year 2018-19 on the ground of non availability of Central Research Laboratory and Animal House as mandated by the Regulations, 2016.

Findings of the High Court

Aggrieved by the aforesaid decision of the central government, the respondent approached the Karnataka High Court; however in the interregnum, the central government granted permission to admit students for the Post Graduate Course for the academic year 2019-20. Consequently, the High Court, while relying on the decisions of the Division Bench of Karnataka High Court in Bahubali Vidyapeeths JV Mandal Gramin Ayurvedic Medical College v. Union of India, 2019 SCC OnLine Kar 3537 and Central Council of Indian Medicine v. Union of India, 2011 SCC OnLine Kar 1389, wherein it was held that if the permission was granted for the subsequent years, the benefit should enure in respect of the previous year also, allowed the said writ petition.

Issue before the Court

The appellant submitted that merely because for the subsequent academic year, the requirements were fulfilled, it could not efface the deficiencies that were found in the previous academic year since the minimum standards, as required, are to be fulfilled for the particular academic year and in the event, such minimum standards are not fulfilled, the institution would not be entitled for permission for the relevant academic year.  Hence, the appellant argued that the view taken by the High Court did not lay down a correct proposition of law.

Analysis and Findings

Chapter IIA containing Sections 13A to 13C by the Indian Medicine Central Council (Amendment) Act, 2003, which deals with “Permission for new Medical College, Course, etc.” lays downs that no medical college can open a new or higher course of study or training, including a postgraduate course, except with the previous permission of the Central Government. Similarly, Regulation 3(1)(a) of the 2016 Regulations specifically provides that the Ayurveda colleges established under Section 13A and existing under Section 13C and their attached hospitals shall fulfill the requirements of minimum standard for infrastructure and teaching and training facilities up to 31st December of every year for consideration of grant of permissions for undertaking admissions in the coming academic session.

Therefore, the Bench observed that if an institution is seeking grant of permission for undertaking admissions for the academic session 2022-23, it must fulfill the requirements of minimum standard as on 31st December 2021. Consequently, the Bench opined that the finding that the permission granted for a subsequent academic year would also enure to the benefit of earlier academic year though the said institution was not fulfilling the criteria of minimum standard was totally erroneous.

Reliance was placed by the Court on Ayurved Shastra Seva Mandal v. Union of India (2013) 16 SCC 696, wherein though the Court noted that a large number of students had applied for admission for the academic year 2011-12 with the leave of the Court, it was held that the privilege granted to the candidates could not be transformed into a right to be admitted in the course for which they had applied and the contention that since the deficiencies stood already removed and the permission was granted for the academic year 2012-13, the said permission should also be construed as having been granted for the academic year 2011-12, was rejected.

Hence, the Bench concluded that the High Court had grossly erred in not taking into consideration the scheme of the Act so also the judgment of the Supreme Court in the case of Ayurved Shastra Seva Mandal (supra). Accordingly, the impugned judgments and orders were quashed and set aside.

[Central Council for Indian Medicine v. Karnataka Ayurveda Medical College, 2022 SCC OnLine SC 437, decided on 11-04-2022]


*Judgment by: Justice B.R. Gavai


Appearance by:

For the Appellant: Aishwarya Bhati, ASG

For Union of India: Madhavi Divan, ASG

For the Respondent: Chinmay Deshpande, Advocate


Kamini Sharma, Editorial Assistant has put this report together

Case BriefsHigh Courts

Karnataka High Court: A Division Bench of Aravind Kumar and N. S. Sanjay Gowda, JJ., disposed of the petition and directed the respondents to issue the petitioners with necessary certificates if the course has been completed successfully.

Petitioners in these writ petitions are students who were admitted to the Post Graduate Ayurveda course in the academic year 2017-18. The admission of the petitioners into the Post Graduate courses were found fault with by the respondent authorities on the ground that they had obtained admission without appearing for the entrance examinations namely All India AYUSH – Post Graduate Entrance Test (AIAPGET-2017).

Counsel for the petitioners Mr Mohammed Tahir A submitted that the Apex Court had extended the benefit of continuing their courses as a onetime exercise to all the students who had admitted to Post Graduate courses before 31.10.2019, petitioners, having been admitted prior to 31.10.2019, would also be entitled to continue and complete their course. He submitted that similar relief had been granted to a set of students, who had also been admitted without taking up the entrance test, by a Co-ordinate Bench of this Court in W.P.No.105310/2018 and W.P.Nos.106948-950/2018 which had applied the decision of the Apex Court and therefore, on parity, petitioners would also be entitled to the same relief.

Counsel for the respondents Ms Manasi Kumar, Mr N K Ramesh and Mr G V Shashikumar submitted that in the instant case, petitioners had got themselves admitted without the intervention of the Court by grant of interim orders and the petitioners had chosen to take a chance by getting admissions on their own. She submitted that as the petitioners had taken a risk by getting admitted to the Course despite being aware that they would be eligible for admission only if they had appeared in an entrance test, they would not be entitled to the relief extended by the Apex Court which was confined only to those students who had got admissions pursuant to interim orders granted by Courts.

The Court relied on judgment Union of India v. Federation of Self Financed Ayurvedic Colleges Punjab in Civil Appeal No. 603/2020 observed that the Apex Court in the judgment by distinctly stating that it was extending the benefit not only to those students who had been permitted to continue their courses on the strength of interim orders, but also to all other students and the only stipulation was that all of them should have been admitted before 31.10.2019, has clearly clarified that the benefit would be applicable to all the students who had been admitted prior to 31.10.2019.

The Court further observed that since the Apex Court has extended the benefit not only to students who had been admitted under interim orders, but also to students who were admitted without the intervention of the Court, all the students who were admitted prior to 31.10.2019 without taking up the entrance test, would be entitled to the same benefit of continuing their courses. It was also observed that “all the petitioners herein have admittedly been admitted prior to 31.10.2019 and they would thus be entitled to the relief of continuing and completing their courses”.

The court held “these writ petitions are disposed of with a direction to the respondents to permit the petitioners to continue and complete their respective Post Graduate courses in Ayurveda”[Dr. Sontakke Kanchan Ramrao v. Union of India, W.P. No. 29798/2018, decided on 17-06-2021]


Arunima Bose, Editorial Assistant has reported this brief.

Legislation UpdatesStatutes/Bills/Ordinances

Institute of Teaching and Research in Ayurveda Bill, 2020 received Presidential Assent on 21-09-2020.

The Institute of Teaching and Research in Ayurveda Act, 2020

Key Features:

AYURVEDA INSTITUTES

It is proposed to conglomerate certain Ayurveda institutes in the campus of Gujarat Ayurved University at Jamnagar, namely,

(i) the Institute for Post Graduate Teaching and Research in Ayurveda;

(ii) Shree Gulabkunverba Ayurved Mahavidyalaya; and

(iii) the Indian Institute of Ayurvedic Pharmaceutical Sciences (including pharmacy Unit) by establishing them as one institution in the name of the Institute of Teaching and Research in Ayurveda, Jamnagar and to confer the status of Institution of National Importance on it.

It is also proposed to subsume the Maharshi Patanjali Institute for Yoga and Naturopathy Education and Research into the proposed Institute and establish it as a Department of Swasthvritta.

The Institute will be elevated to the status of Institution of National Importance which will provide autonomy to it to upgrade standards of Ayurveda education, to frame various courses in Ayurveda as per national and international demand and to adopt advanced evaluation methodology.

NATIONAL IMPORTANCE

Conferring the status of Institute of National Importance to the Institute of Teaching and Research in Ayurveda, Jamnagar will also facilitate :

(a) to develop patterns of teaching in undergraduate and postgraduate medical education in Ayurveda and Pharmacy so as to demonstrate a high standard of such medical education to all medical colleges and other allied institutions of Ayurveda in India;

(b) to bring together in one place educational facilities of the highest order for the training of personnel in all important branches of Ayurveda, including Pharmacy;

(c) to attain self-sufficiency in postgraduate education to meet the country’s needs for specialists and medical teachers in Ayurveda; and (d) to make an in-depth study and research in the field of Ayurveda

FUNCTIONS OF THE INSTITUTE

(a) provide for undergraduate and postgraduate teaching in Ayurveda, including Pharmacy;

(b) provide facilities for research in the various branches of Ayurveda including Pharmacy;

(c) prescribe courses and curricula for both undergraduate and postgraduate studies in Ayurveda including Pharmacy;

(d) notwithstanding anything contained in any other law for the time being in force, establish and maintain—

(i) one or more Ayurveda medical colleges with different Departments including Department of Swasthvritta and such other departments as may deemed to be necessary for scientific validation of Ayurveda, implementing Ayurveda principles and theories in public health and further expansion of Ashtanga Ayurveda with the help of modern scientific advances sufficiently staffed and equipped to undertake undergraduate and postgraduate Ayurveda education including Pharmacy;

(ii) one or more well-equipped hospitals;

(iii) colleges for Ayurveda supporting staffs such as nurses, Pharmacists, Panchakarma technicians or therapists and such other allied disciplines of Ayurveda sufficiently staffed and equipped for training such students;

(iv) rural and urban health organisations which will form centres for the field training in Ayurveda and for research into community health problems; and

(v) other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists and Ayurvedic medical technicians of various kinds;

(e) train teachers for the different Ayurveda colleges in India;

(f) hold examinations (including for admissions) and grant degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate education in Ayurveda and Pharmacy as may be laid down in the regulations;

(g) institute, and appoint persons to professorships, readerships, lectureships and posts of any description in accordance with regulations;

(h) receive grants from the Government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be;

(i) deal with any property belonging to, or vested in, the Institute in any manner which is considered necessary for promoting the objects specified in section 12;

(j) demand and receive such fees and other charges as may be specified by regulations;

(k) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf;

(l) establish, maintain and manage halls and hostels for the residence of students;

(m) supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;

(n) institute and award fellowships, scholarships, exhibitions, prizes and medals; (o) borrow money, with the prior approval of the Central Government, on the

security of the property of the Institute;

(p) to perform all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute.

Read the Act here: ACT


Ministry of Law and Justice

COVID 19Legislation UpdatesNotifications

F. No. L.11011/8/2020/AS.—In the wake of COVID-19 caused by SARS CoV 2, there has been surge in proposals received by Ministry of AYUSH for claiming possible treatment of COVID19. At present, there is no approved treatment for COVID 19 infection. Indian Traditional Medicines have wide potential for usage in such conditions owing to their longstanding use in the community, huge number of ancient references and large number of publications in scientific journals on their phyto-chemical constituents, mode of action, clinical efficacy etc. At the same time, it is also essential to have scientific evidence on use of any Ayurveda, Unani, Siddha or Homeopathy formulation on prevention/ management of COVID 19. Therefore, it is felt necessary to make serious efforts for development of drugs based on any of AYUSH systems recognized under Drugs and Cosmetics Act, 1940.

2. There are no specific regulatory provisions in the Drugs & Cosmetics Rules 1945, for conduct of clinical trials of Ayurveda, Siddha, Unani and Homeopathy drugs. At the same time it is also necessary that the clinical data generated is scientifically valid and credible. In this context the Ministry has undertaken consultation with DCGI, CDSCO as well as other research experts.

3. In the above background and based on the consultation of CDSCO, the Ministry of AYUSH with the approval of Minister of State Independent Charge for AYUSH notifies that scientists, researchers, clinicians of any of recognized systems of medicine under IMCC Act, 1970, HCC Act 1973 and NMC Act 2019 (formerly IMC Act 1956) can undertake research on COVID19 through Ayurveda, Siddha, Unani and Homeopathy systems including prophylactic measures, intervention during the quarantine, asymptomatic and symptomatic cases of COVID -19, public health research, survey, lab based research etc. to generate evidence

4. While undertaking research, it is mandatory for the organizations to comply with the following conditions:

(i)  The proposals should be approved by their scientific advisory bodies and Institutional Ethics Committees.

(ii)  If it is clinical trial, the project should be registered with CTRI.

(iii)  The sample size should be based on statistical justification.

(iv)  The Clinical research should be conducted as per AYUSH guidelines for Clinical Research or ICMR guidelines.

(v)  Compliance with relevant regulations for Bio-medical and Health Research.

(vi)  Compliance to Good Clinical Practice Guidelines.

(vii)  Compliance to National Ethical Guidelines for Bio-medical and Health Research on Human Participation published by ICMR.

(viii)  Compliance with any other relevant regulations in force.

(ix)  AYUSH registered practitioner/expert should be part of the study team at each site.

5. It would be mandatory to the institution/organization to appraise the Ministry of AYUSH, Govt. of India about the research developments as per research timeline and the outcome.


Ministry of Ayush

[Notification dt. 21-04-2020]