The Delhi High Court recently held that the right to obtain a license as a registered doctor in Ayurveda or Unani is only available to students who have completed BAMS or BUMS degrees.
Justice C Hari Shankar It said that until such a degree is obtained, students have no right to practice as registered physicians.
“Thus, students undergoing BAMS/BUMS courses with a view to obtaining a BAMS/BUMS degree cannot claim such rights,” the court said.
It further said that only after clearing all documents and obtaining BAMS or BUMS degrees, students can claim the right to obtain a license to practice as a registered doctor.
Justice Shankar made this observation while dismissing the pleas of various students pursuing BAMS and BUMS courses from different universities.
They were dissatisfied with the operation of Section 15(1) of the Indian Medical System National Commission Act, 2020, which requires them to take the National Exit Examination before being entitled to practice as a BAMS or BUMS practitioner.
The Central Council of Indian Medical Sciences Act, 1970 had come into force on the day they enrolled in the BAMS or BUMS course and the Act did not envisage any requirement for any interventional examination that they would have to conduct. .
They argued that the requirement to pass a national exit exam was an afterthought and could not be imposed.
The court rejected the plea and said that the right to be granted a license to practice as a registered Ayurvedic or Unani doctor would be conferred only after the petitioner was awarded BAMS or BUMS degree.
“That stage has not yet been reached. Article 15(1) therefore does not waive any rights accrued in favor of the applicant, much less”, the court said.
Supported the decision to introduce a national exit exam as an exam that BAMS or BUMS graduates must take before being licensed to practice as a registered medical practitioner.
“The introduction of NExT is in line with NEP 2020 and is clearly in the public interest. It is aimed at ensuring the quality and excellence of those practicing Ayurvedic and Unani medicine,” the court said. said.
Furthermore, “the right to obtain a license to practice as a registered medical practitioner is conditional on obtaining a valid BAMS or BUMS degree and is at a later stage. Therefore, the intervention by the NCISM Act and its Section 15 NExT The introduction of testing cannot be overridden on the basis of the principle of legitimate expectations.”
Counsel for the petitioner: Via: Mr. Mithu Jain, Mr. Sanchit Garga, Mr. Shailja Singh, Advocates.
Defense Counsel: Mr. Monica Arora of CGSC, Deputy Counsel Mr. Subrodeep Saha and Mr. Kushal. In the case of Union of India. With Mr. Archana Pathak Dave, Senior Advance Mr. Kumar Prashant and Mr. Pramod Kr. Mr. Vishnoi and Mr. Shashwat Nath, Advs. For R-2
Title: Jiwesh Kumar and Ors. v. Union of India and ANR.
Click here to read the order
