Shutting down UP State Medical Faculty: HC rejects Plea
Allahabad High Court
Allahabad: Taking note of the fact that the Uttar Pradesh State Medical Faculty was not created under the Indian Medical Degrees Act, 1916, the Allahabad High Court recently dismissed a "misconceived" petition. The High Court bench comprising of Justices D. K. Singh, and R. R Awasthi observed that although the Act was repealed later, it wouldn't affect in the existence of the State Medical Faculty.
Further opining that there was no contravention of law by the State Medical Faculty in regulating and recognizing nursing staff and other paramedical staff in the State, the bench observed that after the Act, 1933, the UP State Medical Faculty was not recognizing or granting degrees as this power was specifically vested in the erstwhile Medical Council of India. It has been authorized under The Act, 1947 and by several Government Orders to regulate the registration of nurses, midwifes health visitors and other paramedical staff etc.
Such observation comes from the High Court while considering a writ petition seeking to shut down the State Medical Faculty of Uttar Pradesh.
Filing the Public Interest Litigation (PIL) under Article 226 of the Constitution of India, the petitioner submitted before the High Court that Uttar Pradesh State Medical Faculty was created under the Indian Medical Degrees Act, 1916, which had been repealed on 9th May, 2016 by Repealing and Amending Act, 2016.
Therefore the faculty which previously was authorized to confer, grant or issue degrees, diplomas, licenses, certificates and other documents stating that the degree holder would be eligible to practice Western Medicine, had lost its authority after 2016.
Thus, from 09.05.2016 onwards, the faculty had no power or authority to confer, grant, or issue degrees, diplomas, licenses, certificates or other documents in the field of medical/paramedical education.
Mentioning that despite after the Repealing Act of 2016, the UP State Medical faculty was continuing to confer degrees, diplomas, licenses, certificates in an illegal manner, the petition sought a writ of Mandamus or any other appropriate writ, order or direction to the Government of India along with the Government of Uttar Pradesh for the shutting down of Uttar Pradesh State Medical Faculty.
Apart from this, the plea also sought directions to the Government of India and the Government of Uttar Pradesh for taking disciplinary steps against the Uttar Pradesh State Medical Faculty for carrying on its activities after 09.05.2016 i.e. after the date on which the Repealing and Amending Act, 2016 came into force, repealing the Indian Medical Degrees Act, 1916 in its entirely.
On the other hand, Mr. J. N. Mathur, counsel for the State Medical Faculty submitted that the Faculty was not created under Section 3 of 1916 Act, but it was actually constituted vide Resolution No.1228- B-202, Medical Department, Dated 10th November, 1926 for conducting the examination for licentiates in public health and the nurses examination with effect from 15th November, 1926.
Thus, submitting that the petition has been filed under the incorrect assumptions, the counsel for the State further submitted that the Medical Faculty was repealing the 1916 Act doesn't seize the State Medical Faculty to exist as after the National Medical Commission Act, 2019, the State Faculty had no role in recognizing, conferring, or issuing licenses for practice in medicine and other branches of Modern Medical Science.
In this context, the counsel for the State 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.
The State Medical Faculty grants recognition to such diplomas and certificates etc by virtue of their registration in U.P. State Medical Faculty. These persons become eligible to apply for appointments under the relevant Service Rules framed by the State Government.
Further, the counsel for the Faculty also pointed out that the courses for nurses, x-ray technician, pharmacy, physiotherapy etc. do not fall within the NMC Act 2019 and those examinations get held separately. Thus, the State Medical Faculty y is the authority to regulate the registration of nurses, midwives and health visitors and maintain the Register of nurses, midwives or health-visitors.
The U.P. State Medical Faculty is empowered by the State Government to conduct the examination of the trainees of laboratory technician pharmacist, x-ray technician, diploma in optometry, diploma in physiotherapy etc. who undertake training in various medical colleges of the State and other institutions duly recognized by the Medical Education Department of the State.
Further, it was also pointed out that the Government Order dated 14th October, 2005 had provided that where councils are created under any enactment, they will perform all functions as contemplated in that enactment, but where there is no council, all the functions, regulating the paramedical courses, will be performed by the U.P. State Medical Faculty.
Thus, pointing out that the petition is misconceived, the counsel for the State sought to dismiss the petition.
After duly considering the submissions by the counsel for both the parties, the High Court noted that the UP State Medical Faculty was not constituted under the 1916 Act, but it was constituted via the Notification dated 15th November, 1926 and it was authorized to confer, grant or issue diplomas, licences, certificates or other documents for practice Western Medical Science.
At this outset, the Court further noted,
"By repealing The Act, 1916, the existence of respondent no. 3 (Uttar Pradesh State Medical Faculty) does not seize to exist. After The Act, 1933, the respondent no. 3 was not recognizing or granting degrees as this power was specifically vested in the Medical Council of India. The respondent no. 3 has been authorized under The Act, 1947 and by several Government Orders to regulate the registration of nurses, midwifes health visitors and other paramedical staff etc."
Finding no contravention of law by the State Medical Faculty in regulating and recognizing nursing staff and other paramedical staff in the State, the High Court dismissed the petition holding the same as "misconceived".
To read the court order, click on the link below.
