List of Important Court Decisions

Sr No. Court Subject Case No/Citation Date of Judgement Finding/Observations of Honourable Cour
1.
SC
 Validity of Ayurved Rattan / Vaidya Visharad granted by Hindi Sahitya Sammelan 1997(11)SCC68, AIR 1998 SC67 17.10.1997
  • Section 17(3) of IMCC Act, 1970 interpreted.
  • Persons holding Degrees/ Diplomas granted by Hindi Sahitya Sammelan, Prayag after coming into force of IMCC Act, 1970 are not entitled to the protection under Section 17(3).
2. SC Registration of persons with unrecognized qualifications JT2009(5)SC206 27.2.2009
  • Law laid down in Delhi Pradesh (1997(11)SCC687) re-affirmed.
  • Held that persons with unrecognized qualifications, even if registered in another state, are not entitled to practice in other states.
  • Challenge to constitutional validity dismissed.
3. SC
Order against degree/diploma by Hindi Sahitya Sammelan
 JT2010(6)SC306,
2010(6)SCALE107 		01.6.2010
  • Constitutional validity of the cut-off date "1967 in Entry No.105" to Sch. II of IMCC Act, 1970 upheld.
  • Held that person with degree or diploma from Hindi Sahitya Sammelan Prayag after 1967 is not eligible to indulge in any kind of medical practice.
4. SC
Discretionary power of State Govt. in conflict with Central Act
 AIR1992SC1310, JT1992(3)SC66, 1992(1)SCALE843 23.4.1992
  • First Proviso of Section 38 of Travancore-Cochin Med. Practitioners Act, 1953 empowering State Govt. to permit practice in allopathic medicine by persons without requisite qualification declared as repugnant to IMC Act, 1956, hence void.
  • The ratio is squarely applicable to Indian Medicine mutatis mutandis, since provisions of IMCC Act, 1970 are analogous to, and identical in scope to the IMC Act 1956.
5. SC Supremacy of Central Acts in relation to State Acts (1995) 4 SCC 104,
JT1995(3)SC136, 1995(2)SCALE401		 24.03.1995
  • Provisions of central act shall prevail over state acts/ executive orders.
  • Ratio re-affirmed in State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and Ors., (2006 (9) SCC 1)
6. SC Notifications by State Govt. under Drugs and Cosmetics Rules, 1945 AIR 1999 SC 468,
(1998)7SCC579		 08.10.1998
  • I.S.M. practitioners can make use of modern advances in various sciences such as radiology report, (X-ray), complete blood picture report, lipids report, ECG, etc., for purposes of practicing in their own system.
7. SC Applicability of Dr. Mukhtiar Chand’s case SLP (C) No. 22124 of 2002 02.12.2002
  • Law laid down in Dr. Mukhtiar Chand (AIR 1999 SC 468) is totally different and it does not assist persons with unrecognized qualifications after coming into force of Section 14 of IMCC Act, 1970 on 15.8.1971 in the whole country.
8. SC Prosecution of fake practitioners 2000 (5) SCC 80,
JT2000(5)SC211, 2000(4)SCALE72		 25.4.2000
  • Directions issued for identification, publication of names and prosecution of such persons practicing without registration/ recognized qualification.
9. Allahabad HC
Validity of degree/diploma by Hindi Sahitya Sammelan
 WP No. 1546 of 2003 23.10.2009
  • Held that person with degree or diploma from Hindi Sahitya Sammelan Prayag after 1967 is not recognized for medical practice.
10. Delhi HC Registration of persons with unrecognized qualifications WP No. 4619 of 2003 09.8.2010
  • Persons with unrecognized qualifications are not eligible for registration.
11. SC
Cut-off date for admission to Ayurved, Unani and Siddha Colleges
(2002) 7 SCC 258,
AIR2002SC3230, JT2002(7)SC1, 2002(6)SCALE332 		11.09.2002
  • Held that mid-stream admission is impermissible since time schedule is fixed by taking into consideration the capacity of the student to study and the appropriate spacing of classes.
  • Upheld cut-off date prescribed by MCI.
  • Ratio is squarely applicable to Indian Medicine mutatis mutandis, since the provisions of the IMCC Act, 1970 are analogous to, and identical in scope to the IMC Act 1956.
12. SC Cut-off date for admission to Ayurved, Unani and Siddha Colleges 2008(13)SCALE 102 01.10.2008
  • Ratio in Madhu Singh (AIR2002SC3230) on cut-off date for admissions re-iterated.
13. Delhi HC Cut-off date for admission to Ayurved, Unani and Siddha Colleges WP No. 8540 of 2008 16.12.2008
  • Since regulations prescribe 01st of July as commencement date, CCIM’s office order dated 23.10.2003 needs to be honoured, otherwise there would be no scope for grant of any admission after 01st of July every year.
14. SC Maintenance of basic standards in medical colleges AIR1998SC2423, JT1998(5)SC40,  (1998)6SCC131
[1998]3SCR740		 16.7.1998
  • Standards have been laid by the Medical Council, an expert body, for the purpose of imparting proper medical education and for maintaining uniform standards of medical education throughout the country.
  • Plea of State Government that power to regulate admission to medical colleges is prerogative of the State stands rejected.
  • Central Government alone can direct increase in the number of admissions, but only on the recommendation of the Medical Council.
  • Authority of the Medical Council under the IMC Act would equally apply to the Dental Council under the Dentists Act.
  • Ratio is squarely applicable to Indian Medicine mutatis mutandis, since the provisions of the IMCC Act, 1970 are analogous to, and identical in scope to the IMC Act 1956.
15. SC Objective and purpose of  Sections 13A to 13C of IMCC Act, 1970 AIR2008SC595,
2007(12)SCALE 644		 01.11.2007
  • The amendment necessitates all existing and proposed colleges to compulsorily seek permission of the Central Government within the period provided.
  • Failure to get the said permission will render the medical qualification granted to any student of such medical college as unrecognized medical qualification for the purposes of the 1970 Act.
16. Bombay to Aurangabad Procedure provided for visitation of college under Sec. 13A of IMCC Act, 1970 WP No. 3512 of 2008 09.1.2009
  • Central Government cannot send its own team to assess for itself whether college complies with the requirements. That task is to be performed by the CCIM and the Central Government can only approve or disapprove such scheme.
  • The above order challenged before Supreme Court in SLP(C) No.16162 of 2009 has since been dismissed vide order Dated 25.2.2011.
17. Karnataka HC Effect of newly introduced Section 13C of IMCC Act, 1970 WP No. 19180 of 2004 18.1.2005
  • Colleges are bound by Section 13C and must obtain permission within stipulated period.
18. Allahabad HC Removal of deficiencies by colleges failing which students to be shifted out WP No.42511 of 2009 28.10.2009
  • State/ colleges must remove deficiencies pointed out by CCIM and obtain requisite permission from GOI, otherwise students illegally admitted must be shifted to other duly permitted colleges.
19. KarnatakaHC Denial of permission by authorities not to be ordinarily interfered by courts WP No. 11687 of 2008 24.11.2009
  • Permission declined to college by authorities after applying their mind, hence judicial interference not warranted.
  • The above order is under challenge before Division Bench; however, no stay granted.
20. KarnatakaHC Illegal admission of students by Ayurved, Unani and Siddha colleges WP No. 9408 of 2010 01.4.2010
  • CCIM to bring instances of statutory violation to authorities for initiation of action.
21. SC Reservation of 50% quota by State Govt. AIR1992SC1630, (1992)1SCC558 06.12.1991
  • Right to fill up 50% seats by the government and the balance 50% by the management laid down.
22. SC Privileges of and restrictions on Minority Educational Institutions AIR2003SC355, JT2002(9)SC1, (2002)8SCC481 31.10.2002
  • The basic ratio laid down in St. Stephen's College case is correct. However, rigid percentage cannot be stipulated. It has to be left to authorities to prescribe a reasonable percentage having regard to the type of institution, population and educational needs of minorities.
  • Minority to be determined on religious or linguistic basis and to be state wise and not all India based.
  • Minority educational institutions would be free to enjoy day-to-day management like appointment of staff, teaching and non teaching and administrative control over them, in a fair manner; however, they must comply with regulatory measures for recognition of courses and affiliation of University/ Board.
23. SC Committees for admission & fixation of fees in respect of medical colleges AIR 2003 SC3724, 2003(6)SCALE32, (2003)6 SCC697 14.08.2003
  • State Govt. must set up a committee headed by a retired High Court Judge to decide whether the fees proposed by the institute are justified - Institutions will not charge any capitation fees whether directly or indirectly.
  • Management would hold a common entrance exam to select students for their management quota - State Government's to appoint a permanent committee which will ensure test conducted is fair and transparent.
24. SC Committees for admission & fixation of fees in respect of medical colleges AIR2005SC3226, JT2005(7)SC313 12.08.2005
  • Clarifications given on the propositions laid down in T.M.A. Pai's case.
  • Constitution of committees for conducting entrance test and fixation of fee structure is justified to prevent profiteering.
25. Patna HC Time bound constitution of committees for admission & fixation of fees CWJC No. 8926 of 2010 17.8.2010
  • Statutory Committees for Admission and fixation of fees to all Ayurvedic and Unani colleges to be constituted by the end of 2010.
26.
 SC Validity of 13C of IMCC Act & Regulations, 2006 C.A. No. 8319 of 2010 27.9.2010
  • Order passed by HC forebearing  authorities from taking action under 13C, even before matter is adjudicated, is erroneous, hence set aside.
  • Case remanded back to HC for deciding on merits.
27.
 SC Validity of State Govt. Rules laying down higher eligibility criteria for admission into degree courses in Indian Medicine. CA Nos. 4203 to 4210 of 2009 B. Mayuri & Ors. Etc. V/s Govt. of India through Secretary & Ors. etc. 09.07.2009
  • *Validity of State of Tamil Nadu Govt. Order dated 19.06.2003 laying down minimum 60% marks each in Physics, Chemistry and Biology in Higher Secondary {12th Standard} Exam. As against 50% marks laid down vide IMCC [Minimum Standards of Education in Indian Medicine] [Amendment] Regulations 1989. Called in question.

  • * The Hon'ble Supreme Court held that State Govt. can prescribe high percentage of marks for admission to the courses for various courses in the state.