Right To Obtain License As Registered Ayurvedic Medical Practitioner Vests Only In Those Who Hold BAMS/BUMS Degree: Delhi High Court

The Delhi High Court has recently observed that the right to obtain a licence as a registered Ayurvedic or Unani medical practitioner vests only in a student who holds a BAMS or BUMS degree.

Justice C Hari Shankar said that prior to obtaining such a degree, the student has no right to practice as a registered medical practitioner.

“A student who is undergoing the BAMS/BUMS course, towards obtaining the BAMS/BUMS degree, therefore, cannot claim any such right,” the court said.

It further said that it is only after clearing all the papers and being awarded the BAMS or BUMS degree that the student can claim any right to be granted a licence to practice as a registered medical practitioner.

Justice Shankar made the observations while dismissing a plea moved by various students pursuing their BAMS and BUMS courses from different colleges.

They were aggrieved by the operation of Section 15(1) of the National Commission for Indian System of Medicine Act, 2020, by which they would have to undergo the National Exit Test before being entitled to practice as BAMS or BUMS practitioners.

It was their case that Indian Medicine Central Council Act, 1970, was in force on the date when they enrolled in their BAMS or BUMS courses and the same did not envisage the requirement of any intervening examination having to be undertaken by them.

They argued that the requirement of clearing the National Exit Test was a creature of a later date and thus, it could not be thrust on them.

Rejecting the plea, the court said that the right to be granted a licence to practice as a registered Ayurvedic or Unani medical practitioner would vest only after the petitioners are conferred their BAMS or BUMS degrees.

“That stage is yet to reach. Section 15(1) does not, therefore, divest the petitioners of any right which had even accrued, much less vested, in their favour,” the court said.

It upheld the decision to introduce the National Exit Test as an examination which the BAMS or BUMS graduate would have to undertake, before being entitled to a license to practice as a registered medical practitioner.

“The introduction of the NExT is in keeping with the NEP 2020 and is obviously in public interest. It is intended to ensure quality and excellence in persons practising in Ayurvedic and Unani medicine,” the court said.

It added: “The right to a license to practice as a registered medical practitioner is a later stage, conditional on obtaining a valid BAMS or BUMS degree. The introduction of the intervening NExT examination, by the NCISM Act and Section 15 thereof cannot, therefore, be invalidated on the principle of legitimate expectation.”

Counsel for Petitioners: Through: Ms. Mithu Jain, Mr. Sanchit Garga and Ms. Shailja Singh, Advocate

Counsel for Respondents: Ms. Monika Arora, CGSC with Mr. Subhrodeep Saha and Mr. Kushal, Advs. for Union of India; Ms. Archana Pathak Dave, Sr. Adv. with Mr. Kumar Prashant, Mr. Pramod Kr. Vishnoi and Mr. Shashwat Nath, Advs. for R-2

Title: JIWESH KUMAR & ORS. v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 488

Click here to read order