Delhi High Court Issues Notice To Centre On Plea Against Appointment Of Chairperson To National Commission For Indian System Of Medicine

The Delhi High Court has issued notice to the Centre on a plea challenging the appointment of the Chairperson of the newly formed National Commission for Indian System of Medicine. The plea was filed by the former president of the erstwhile Central Council of Indian Medicine (CCIM) who is also an Ayurvedic doctor. It  alleges that Mr.Vaidya Jayant Deopujari, the current Chairperson of NCISM, does not possess the required qualification per the National Commission for Indian System of Medicine Act, 2020.

A Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh posted the matter on October 22, 2021.

Before 2020, the Central Council of Indian Medicine (CCIM), established under the National Commission for Indian System of Medicine Act, 1970, was the apex body to administer the profession and manage the AYUSH system of education country. CCIM was an elected body with some nominated members.

In 2020, the National Commission for Indian System of Medicine Act, 2020 [NCISM Act] was passed replacing the CCIM with the NCISM. As per the plea, the objective of the NCISM to 'promote transparency' signifies that the CCIM failed to provide a transparent system to promote medical education.

It is the petitioner's case, despite replacing CCIM with NCISM, the same person who was heading the CCIM as president when it was repealed, was appointed as the Chairpersonof the NCISM. As per Section 4(2) of the NCISM Act, 2020, the requisite qualification to be appointed as a Chairperson is as follows: (a) outstanding ability; (b) proven administrative capacity and integrity; (c) postgraduate degree in any of the disciplines of Indian system of Medicine from a recognized University; and (d) twenty years in any field of Indian system of Medicine, of which ten years shall be as a leader in the area of healthcare delivery, growth and development of Indian system of Medicine or its equation.

However, as per the plea filed through Advocate Ashok Kumar Panigrahi, the present Chairperson does not possess a postgraduate degree in the Ayush System of Medicine and ten years of relevant experience as a leader. His appointment is said to be a sham, a result of his nexus with the political system. Instead, it is stated that not only does the present Chairman lack the requisite administrative experience as a leader for ten years, but they also have a 'questionable integrity.'

Calling the selection of the present Chairman as 'unfair,' the petition lists down several other highly qualified candidates who could have been appointed instead of Mr. Deopujari

Title: Raghunandan Sharma v. Union of India