Delhi HC Declares Appointment of Nagpur's Dr Jayant Deopujari as NCISM Chairperson Illegal
2
Nagpur: The
Delhi high court
declared the appointment of Nagpur's veteran
Ayurveda
practitioner Dr Jayant Deopujari as chairperson of the National Commission for Indian System of Medicine (NCISM) illegal.
The court ruled that Dr Deopujari did not meet the statutory eligibility criteria laid down under the NCISM Act, 2020.
The judgment was delivered on June 6 by a division bench led by Chief Justice Devendra Kumar Upadhyaya and justice Tushar Rao Gedela in response to petitions filed by two former Central Council of Indian Medicine (CCIM) presidents, Dr Ved Prakash Tyagi and Dr Raghunandan Sharma.
According to the NCISM Act, the chairperson of the commission must possess a postgraduate degree in any discipline of Indian Systems of Medicine from a recognised university and at least 20 years of experience, including 10 years in a leadership role in healthcare delivery, development, or education in Indian Systems of Medicine.
The court found that Dr Deopujari holds a BAMS degree (Bachelor's in Ayurvedic Medicine and Surgery) and a PhD in Kayachikitsa, but no MD or equivalent postgraduate degree in Ayurveda. He directly pursued a PhD without undergoing a standard postgraduate course, which the court ruled does not qualify as a substitute for a postgraduate (MD) degree. His claimed 'leadership' experience, particularly his role in a private Ayurvedic pharmaceutical company (Shivayu Ayurved Ltd, Nagpur), did not align with the law's definition of leadership in healthcare delivery or education.
The high court made it clear that a PhD, though a research qualification, cannot be equated with a postgraduate degree for the purpose of statutory eligibility. The bench noted that the role of the NCISM chairperson requires educational and administrative qualifications rooted in medical education, not merely private sector experience.
In strong words, the court observed, "Every degree awarded after graduation cannot be termed a postgraduate degree...
the expression has acquired a specific technical meaning in India's higher education context."
The court also clarified that eligibility norms cannot be diluted, even if a search committee or selection body finds a candidate suitable.
The verdict may have far-reaching implications for regulatory appointments in the AYUSH sector. It reinforces the importance of adhering to strict statutory qualifications in public appointments, especially in healthcare education.
As of now, the NCISM and the Union ministry of AYUSH have not announced a replacement for Dr Deopujari or commented on whether they will challenge the decision.
Dr Deopujari, a prominent figure from Nagpur in the field of Ayurveda, previously served as president of the now-defunct CCIM. His tenure as NCISM chairperson was challenged in 2021.
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