Delhi High Court sets aside appointment of NCISM chairperson

Indian Express

a day ago

The Delhi High Court Friday set aside the appointment of Vaidya Jayant Yeshwant Deopujari as the chairperson of National Commission for Indian System of Medicine (NCISM), holding that he does not fulfil the 'requisite qualification' as is required under the provisions of the NCISM Act, 2020.
The NCISM lays down policies for maintaining the quality and standards in education of the Indian System of Medicine and makes regulations to that effect. It also lays down policies for regulating medical institutions, medical researches and medical professionals.
Two petitions were filed before the Delhi HC, challenging the appointment of Deopujari. It was highlighted that as per the statutory requirement, a person possessing a postgraduate degree in any discipline of Indian System of Medicine from a recognised university and having experience of not less than 20 years in any field of Indian System of Medicine, out of which at least 10 years shall be as a leader in the area of healthcare delivery, growth and development of Indian System Medicine or its education, shall be eligible to be appointed as chairperson of the commission.
According to the petitioners, Deopujari neither possessed a post-graduate degree nor had 10 years experience as a leader in the area of healthcare delivery, growth and development of Indian System of Medicine or its education, as required.
Defending the appointment, the Union government had told the bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela that Deopujari was the head of R&D and F&D departments of Shivayu Ayurved Limited, Nagpur, for more than 11 years, thus making him a leader with over 10 years as required. It was also stated that he has a bachelor's degree in Ayurvedic Medicine and Surgery and a PhD in 'Kayachikitsa' from University of Pune, which is a postgraduate degree obtained after graduation, and is in fact a higher degree than a postgraduate degree. It was also highlighted that the appointment was made upon recommendations of a search committee, chaired by a cabinet secretary.
The bench, in its verdict, noted that the Act defines 'leader' as the 'head of a department' or the 'head of an organization' and that it is 'indisputable' that he does not have a master's degree in any discipline of Indian System of Medicine.
Drawing a distinction between post graduate degree and a PhD as per the Act, the court recorded, '…we are of the opinion that the Post-Graduate Degree in this provision shall mean a degree awarded after completion of certain period/course of study undertaken by a person who already has a graduation degree for the reason that Ph D is not an educational qualification; rather it is a research qualification…We are of the considered opinion that every degree awarded by a university after graduation cannot be termed to be a 'post-graduation qualification' for the reason that in the domain of higher education in our country 'Post-Graduate Degree' has acquired a special meaning and significance and post-graduate degree means a Master's Degree like MA, MSc, MD, LLM or MEd.'
The court went on to hold that Deopujari 'lacks the requisite qualification for being appointed to the office in question' in the absence of a masters degree.
The court also observed that the experience as a leader too did not hold in Deopujari's case.
'The NCISM Act, 2020 has been framed to provide for a medical education system and to improve access to quality and affordable medical education and to ensure availability of adequate and high-quality medical professionals of Indian System of Medicine in all parts of the country. Accordingly, in our opinion, 'Head of a Department' or 'Head of an Organization' has to be necessarily associated with medical education in Indian System of Medicine…we find ourselves unable to agree with the submission that experience of working in a drug manufacturing company will qualify (Deopujari) to hold the requisite experience of a 'Leader'.'
Setting aside the appointment, the court directed the Centre that the process of selection and appointment of the chairperson of the commission shall be completed with expedition and while conducting the process of selection, observations made in the verdict be taken into account.