Allahabad High Court Dismisses Plea Seeking Shutting Down Of Uttar Pradesh State Medical Faculty

The Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh was hearing the plea moved by one Ajay Kumar Sharma, a publisher having ties with various educational institutions.

The plea argued that since the Indian Medical Degrees Act, 1916 which allegedly created the Uttar Pradesh State Medical Faculty, had been repealed by the Repealing and Amending Act, 2016, therefore, the UP State Medical Faculty must be shut down.

Importantly, it was also submitted that despite the Repealing Act coming into force, the Medical Faculty is continuing to confer degrees, diplomas, licences, certificates in the most illegal manner, and therefore, it was prayed that directions should be issued for disciplinary actions against the Uttar Pradesh State Medical Faulty for carrying out the activities after May 9, 2016.

Arguments of the respondents

The counsel for the respondents submitted that Medical Faculty was not created under 1916 Act, rather, it was only recognized as one of the institutions under 1916 Act to confer, grant or issue diplomas, licenses, certificates, or other documents stating or implying that the holder, grantee or recipient thereof is qualified to practice Western Medical Science.

It was further submitted that by repealing of 1916 act, the existence of the Medical Faculty does not cease to exist as it was not created under the provisions of The Act, 1916.

It is further submitted that after enforcement of provisions of Indian Medical Council Act, 1933, then the Indian Medical Council Act, 1956 and thereafter the National Medical Commission Act, 2019, the Medical Faculty had no role in recognizing, conferring or issuing licenses for practice in medicine and other branches of Modern Medical Science.

It is further submitted that there are a number of paramedical, nursing, and allied health courses which are not run only in the medical colleges, but training and certificates/diplomas are provided by other institutions as well and the State Medical Faculty grants recognition to such diplomas and certificates etc by virtue of their registration in U.P. State Medical Faculty.

Lastly, it was also argued that under the Indian Council Nursing Act, 1947, State Medical Faculty is the authority to regulate the registration of nurses, midwives and health visitors and maintain the Register of nurses, midwives or health visitors.

Court's observations

At the outset, the Court noted that the Uttar Pradesh State Medical Faculty was not constituted under the Indian Medical Degrees Act, 1916, rather, it was constituted vide Notification dated 15th November, 1926.

The Court also noted that vide Notification dated 16th December, 1926 issued under Section 3 of The Act, 1916, the Government of India had only authorized it to confer, grant or issue diplomas, licences, certificates or other documents for practice Western Medical Science.

In this backdrop, the Court observed thus:

"By repealing The Act, 1916, the existence of respondent no. 3 (Uttar Pradesh State Medical Faculty) does not cease to exist. After The Act, 1933 (Indian Medical Council Act), the respondent no. 3 was not recognizing or granting degrees as this power was specifically vested in the Medical Council of India. Respondent no. 3 has been authorized under The Act, 1947 and by several Government Orders to regulate the registration of nurses, midwives health visitors and other paramedical staff etc."

Case title - Ajay Kumar Shamra v. U.O.I.,Min.Of Education,Deptt.Of Higher Edu. Thru.Secy. &Ors

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