The Supreme Court on Thursday reserved its judgment in a petition filed assailing the orders of the Gauhati High Court which struck down the Assam Rural Health Regulatory Authority Act, 2004 after ten years of its promulgation. The Act allowed persons who have completed three years Diploma Course in Medicine and Rural Health Care to treat certain specified common diseases.
The matter was heard by a bench of Justices B. R. Gavai and B. V. Nagarathna The main issue was that whether the Assam Rural Health Regulatory Authority Act, 2004 was unconstitutional and ultravires the Indian Medical Council Act of 1956.
Taking into account the shortage of qualified doctors willing to go to the rural areas and to supplement the qualified doctors, the State of Assam promulgated the Assam Rural Health Regulatory Authority Act, 2004. The Act introduced a three years Diploma course in Medicine and Rural Health Care and established a Regulatory Authority to regulate and register the Diploma Holders. The Regulations of the Assam Rural Health Regulatory Authority, 2005 provided that the Rural Health Practitioners could only treat the listed common diseases and carry out certain minor surgical procedures and could prescribe only certain listed drugs.
The petition submitted that in a meeting held under the Chairmansip of the Union Health Secretary, the Secretary appreciated the three years course and it was resolved that other states must follow it. It was further determined that the State Government should have a separate authority to recognise such diploma holders. It was averred before the High Court that this meeting also showed that the Central Government was also willing to approve the act.
It was pointed out that when the Act was promulgated, the Indian Medical Association filed a writ petition before the High Court and at the same time advertisement was issued regarding registration to the course. The High Court did not order any stay. Since then 5 batches had passed out comprising of about 500 students who have been awarded the diploma and have been working in rural areas and no complaint had been received against the practitioners.
The High Court after ten years of the act getting promulgated, struck down the Act, by the impugned order, on the ground that it was in conflict with the Indian Medical Council Act of 1956. The High Court had stated that as per the application of the Section 10 A of the Indian Medical Council Act, the State Government should have taken the permission of the Central Government before introducing the said diploma course. Thus, the High Court took the view that due to the lack of the permission of the Central Government and the lack of presidential assent the said act would be unconstitutional.
Aggrieved by the order of the High Court the petitioners had approached the Supreme Court.
Case Title : Baharul Islam and Ors. vs Indian Medical Association and Ors. - SLP(C) No. 32592-32593/2015
