HC dismisses plea seeking shutting down of UP state Medical Faculty

  

The Allahabad High Court recently comprising of a bench of Justices Ritu Raj Awasthi and Dinesh Kumar Singh dismissed a plea seeking direction to the Government of India along with the Government of Uttar Pradesh to shut down Uttar Pradesh State Medical Faculty alleging that the 1916 Act which created it, has been repealed in the year 2016. (Ajay Kumar Shamra v. U.O.I.,Min.Of Education,Deptt.Of Higher Edu. Thru.Secy. &Ors)

Facts of the case

The plea was filed by Ajay Kumar Sharma, a publisher having ties with various educational institutions.

The petitioner had filed this Public Interest Litigation (PIL) under Article 226 of the Constitution of India, and submitted before the High Court that Uttar Pradesh State Medical Faculty was created under the Indian Medical Degrees Act, 1916, which had been repealed on 9th May, 2016 by Repealing and Amending Act, 2016.

Therefore the faculty which previously was authorized to confer, grant or issue degrees, diplomas, licenses, certificates and other documents stating that the degree holder would be eligible to practice Western Medicine, had lost its authority after 2016. 

Thus, from 09.05.2016 onwards, the faculty had no power or authority to confer, grant, or issue degrees, diplomas, licenses, certificates or other documents in the field of medical/paramedical education.

The petitioner mentioning that despite after the Repealing Act of 2016, the UP State Medical faculty was continuing to confer degrees, diplomas, licenses, certificates in an illegal manner, the petition sought a writ of Mandamus or any other appropriate writ, order or direction to the Government of India along with the Government of Uttar Pradesh for the shutting down of Uttar Pradesh State Medical Faculty.

The plea apart from this also sought directions to the Government of India and the Government of Uttar Pradesh for taking disciplinary steps against the Uttar Pradesh State Medical Faculty for carrying on its activities after 09.05.2016 i.e. after the date on which the Repealing and Amending Act, 2016 came into force, repealing the Indian Medical Degrees Act, 1916 in its entirely.

Contention of the Parties

The learned counsel for respondents, has submitted that the United Provinces State Medical Faculty now known as 'Uttar Pradesh State Medical Faculty-respondent no. 3 was not created under Section 3 of The Act, 1916. The respondent no. 3 was constituted vide Resolution No.1228- B-202, Medical Department, Dated 10th November, 1926 (Annexure-1 to the counter affidavit) for conducting the examination for licentiates in public health and the nurses examination with effect from 15th November, 1926.

Moreover, In exercise of powers conferred under Section 3 of The Act, 1916, the Governor General in Council authorized the United Provinces State Medical Faculty vide Notification dated 15th November, 1926 issued by the Department of Education Health and Lands, Delhi to confer, grant or issue in British India, diplomas, licences, certificates, or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice Western Medical Science. In Schedule of Section-3 of The Act, 1916, the name of the United Provinces State Medical Faculty was included vide Notification dated 16th December, 1926.

It was further submitted that after enforcement of provisions of Indian Medical Council Act, 1933, then the Indian Medical Council Act, 1956 and thereafter the National Medical Commission Act, 2019, the Medical Faculty had no role in recognizing, conferring or issuing licenses for practice in medicine and other branches of Modern Medical Science.

It was further submitted that there are a number of paramedical, nursing, and allied health courses which are not run only in the medical colleges, but training and certificates/diplomas are provided by other institutions as well and the State Medical Faculty grants recognition to such diplomas and certificates etc by virtue of their registration in U.P. State Medical Faculty.

Lastly, it was also submitted that under the Indian Council Nursing Act, 1947, State Medical Faculty is the authority to regulate the registration of nurses, midwives and health visitors and maintain the Register of nurses, midwives or health visitors.

Court's observations & Judgment

At the outset, the Court noted that the Uttar Pradesh State Medical Faculty was not constituted under the Indian Medical Degrees Act, 1916, rather, it was constituted vide Notification dated 15th November, 1926.

The Court also noted that vide Notification dated 16th December, 1926 issued under Section 3 of The Act, 1916, the Government of India had only authorized it to confer, grant or issue diplomas, licences, certificates or other documents for practice Western Medical Science.

The bench remarked, "By repealing The Act, 1916, the existence of respondent no. 3 (Uttar Pradesh State Medical Faculty) does not cease to exist. After The Act, 1933 (Indian Medical Council Act), the respondent no. 3 was not recognizing or granting degrees as this power was specifically vested in the Medical Council of India. Respondent no. 3 has been authorized under The Act, 1947 and by several Government Orders to regulate the registration of nurses, midwives health visitors and other paramedical staff etc."

The bench dismissing the petition noted, “In view of the above, we do not find any contravention of law by respondent no. 3 in regulating and recognizing nursing staff and other paramedical staff in the State. Thus the present writ petition, which is totally misconceived, is dismissed. Interim order, if any, stands vacated.”

Read Judgment;

 

 

SOURCE ; .latestlaws.com/ 

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