Delhi high court sets aside appointment of NCISM chairperson
A bench of chief justice DK Upadhyaya and justice Tushar Rao Gedela held that Deopujari's academic credentials -- a bachelor's degree in Ayurvedic Medicine and Surgery (BAMS) and a PhD in Kayachikitsa -- do not satisfy the eligibility criteria prescribed under the NCISM Act, 2020.
The Act requires a candidate to have a postgraduate degree in any discipline of the Indian System of Medicine, along with at least 20 years of experience, including 10 years in leadership roles in the sector.
'We are of the considered opinion that every degree awarded by a university after graduation cannot be termed a 'postgraduate qualification',' the court said in its ruling. It noted that in the Indian higher education framework, a postgraduate degree refers specifically to a master's degree such as M.A., M.Sc., M.D., LL.M., or M.Ed., and that a PhD does not substitute the requirement for a master's level qualification.
The court drew a comparison with the LL.B. degree, which is awarded only after graduation but is still not considered a postgraduate degree. 'Similarly, the PhD in question here cannot be seen as satisfying the requirement of a postgraduate degree in the Indian System of Medicine,' it noted.
The judgment came on a petition filed by Ved Prakash Tyagi, former president of the erstwhile Central Council for Indian Medicine, and Dr Raghunandan Sharma, who challenged Deopujari's appointment on the ground that he was ineligible.
Appearing for the Union government, additional solicitor general Chetan Sharma argued that Deopujari's PhD in the same stream constituted a higher qualification than a postgraduate degree. However, the court rejected this reasoning, clarifying that statutory qualifications must be met in the specific terms laid down by the Act.
Finding the appointment to be contrary to the pertinent provision of the NCISM Act, the court directed the Centre to 'expeditiously' initiate the process for selecting a new chairperson who meets all statutory qualifications.
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