Latest news with #NationalCommissionforIndianSystemofMedicine
Time of India
2 hours ago
- Health
- Time of India
Delhi HC Declares Appointment of Nagpur's Dr Jayant Deopujari as NCISM Chairperson Illegal
1 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.
Time of India
3 days ago
- Health
- Time of India
Delhi HC sets aside appointment of NCISMC chairperson
New Delhi, The Delhi High Court on Friday set aside the appointment of the chairperson of National Commission for Indian System of Medicine holding him ineligible for office. A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed two petitions challenging the appointment of Vaidya Jayant Yeshwant Deopujari as the chairperson of the commission (NCISMC). "The writ petitions are allowed, and a writ of quo warranto quashing and setting aside the appointment of respondent 5 (Deopujari) as Chairperson of the Commission is issued," the bench held. The court was informed by the counsel for the commission that the process of selection and appointment of the chairperson had commenced. The court directed the expeditious completion of the process and said at the time of conducting the selection process, its observations ought to be taken into account. The court passed the order on two petitions filed by Ved Prakash Tyagi, former president of the erstwhile Central Council for Indian Medicine, and Dr Raghunandan Sharma. The Ministry of Personnel, Public Grievances and Pensions had issued a circular on June 9, 2021 appointing Deopujari as the commission's chairperson. The petitioners have alleged that Deopujari could not be appointed as the chairperson of the commission as he does not hold a postgraduate degree, mandated under the National Commission for Indian System of Medicine Act, 2020 (NCISM Act). The high court held that Deopujari possessed a PhD degree whereas the requisite degree was MD or any other equivalent master's degree in any discipline of Indian System of Medicine. The PhD degree which was awarded to him by Pune University did not presuppose acquisition of lower qualification (Master's Degree in Ayurveda), it said. "We have no hesitation to hold that the expression 'Post-Graduate Degree' occurring in Section 4(2) of the NCISM Act, 2020 in the context it has been used would mean a Master's Degree (MD) in any discipline of Indian System of Medicine which the respondent does not possess and, therefore, he lacks the requisite qualification for being appointed to the office in question," the bench said. It said Deopujari was admitted to PhD course without undergoing the master's degree course immediately after obtaining his graduation degree in Ayurveda (BAMS). The court opined 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 said the emphasis of the provisions of the NCISM Act on the functions of the commission are in relation to maintaining high quality and high standards of education in Indian System of Medicine and, accordingly, the phrases "head of a department" and "head of an organisation" were to be understood and construed in the context in which Parliament passed the Act. "Analysing the alleged experience of respondent 5 working in a company producing ayurvedic medicine and products, we are unable to agree with the submission made on behalf of the respondents that such an experience can be said to be an experience of working as a 'Leader' in the capacity of 'Head of a Department' or 'Head of an Organisation'," it said. The respondents said since the appointment of Deopujari was made on the recommendation of a high-powered search committee headed by the cabinet secretary of the Central government and comprised experts, any interference in this petition would amount to sitting in appeal over a decision of a body of experts, impermissible in law. The court, however, said the submission does not hold good as it is a case where the person concerned clearly lacked the essential eligibility qualification statutorily prescribed under the Act. Tyagi's plea said the commission was a governing body for all matters relating to education and regulation of Indian medicine in the country. "Thus, the interests of a large number of people/students/Indian medicine practitioners shall be adversely and severely affected if an ineligible person is allowed to continue as the chairperson of such a critical statutory body," he added. PTI
Hindustan Times
3 days ago
- Health
- Hindustan Times
Delhi high court sets aside appointment of NCISM chairperson
NEW DELHI: The Delhi high court on Friday scrapped the appointment of Jayant Yeshwant Deopujari as chairperson of the National Commission for Indian System of Medicine (NCISM), holding that he did not have a postgraduate degree mandated under the law. 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.D., LL.M., or 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.
Indian Express
3 days ago
- Health
- Indian Express
Delhi High Court sets aside appointment of NCISM chairperson
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.
&w=3840&q=100)
Business Standard
3 days ago
- Health
- Business Standard
Delhi High Court quashes NCISMC chief's appointment due to ineligibility
The Delhi High Court on Friday set aside the appointment of Vaidya Jayant Yeshwant Deopujari as the chairperson of the National Commission for Indian System of Medicine (NCISMC), holding him ineligible for office on the grounds that, despite having a Ph.D, he had not completed a Master's degree programme. A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed two petitions challenging Deopujari's appointment. 'The writ petitions are allowed, and a writ of quo warranto quashing and setting aside the appointment of respondent 5 (Deopujari) as Chairperson of the Commission is issued,' the bench held. The court passed the order in response to petitions filed by Ved Prakash Tyagi, former president of the erstwhile Central Council for Indian Medicine, and Dr Raghunandan Sharma. The Ministry of Personnel, Public Grievances, and Pensions had issued a circular on June 9, 2021, appointing Deopujari as the commission's chairperson. The petitioners argued that Deopujari could not be appointed as he did not meet the eligibility criteria under the National Commission for Indian System of Medicine Act, 2020 (NCISM Act). The Act stipulates that the chairperson must possess a postgraduate degree in medical education and have 20 years of experience in the medical field. The court found that Deopujari did not fulfil the required academic criteria, stating that the Ph.D awarded to him by Pune University did not presuppose acquisition of a lower qualification, i.e., a Master's degree in Ayurveda. It noted that Deopujari was admitted to the Ph.D programme immediately after obtaining his graduation degree in Ayurveda (BAMS), without undergoing a Master's degree course. What is the National Commission for Indian System of Medicine? The National Commission for Indian System of Medicine is a statutory regulatory body established under the NCISM Act, 2020. It is responsible for framing policies and ensuring quality standards in institutions offering education in the Indian system of medicine. The Commission replaced the Central Council of Indian Medicine.
