Seats shearing issue among Ayush in Bihar

 

In Bihar Government services the existing allocated quota for Ayurvedic, Homeopathic and Unani Medicine is 50:30:20 respectively, of the total seats of AYUSH system. Unani are getting only 20% that is minimum among these. Which hinders the development of Unani medicine is state of Bihar while Homeopathy achieves accelerated growth in the previous three decades due to its second-highest allocated quota (30%) in government employment. This pattern of allocated quota is being acted upon till date since 26/11/1990. In the recent past, the Homeopathic Doctors Association (BSHMOA), Patna, made a mendacious statement that the existing allocated quota among the different streams of AYUSH is based on the number of admission of students and the number of registered doctors in the respective stream in the state. In this mendacious statement, they were attempting to reach an irrational conclusion. To pressurized the Department of health, Government of Bihar they move to the Honorable High Court, Patna though CWJC no. 8870 of 2020 and C.W.J.C. No- 423 of 2022. But when they did not thrive in this, then they move to Honorable supreme court of India through SLP (C) No. 4573 of 2022.

Few important points from the counter affidavit submitted by Health department of Bihar (respondent No. 1 – 6 of SLP (C) No. 4573 of 2022) in Supreme Court of India:

On 2nd August 2021, Dr. Md. Idris Alam, Dy. Director, Unani, AYUSH Directorate, GOB, submit a counter affidavit on behalf of respondents No. 1 – 6 of this Special Leave Petition (SLP), the important point of this affidavit can be summarized as follows –

 ▪ The GOB vide memorandum dated 13.01. 1998 (Letter no. Indem (H) A02 – 04/88 – 25 De.Chi./Health, Patna, dated 13/1/98) has created a quota for Ayurvedic, Homeopathic and Unani Medicine is 50:30:20 respectively at the primary health center. This decision of creating additional primary health centers was taken to promote the national medical system and with an overall vision of providing affordable, accessible, and side-effect-free medicines to the state of Bihar. The petitioner submits, without presenting any supporting document that such allocation of seats between the different classes of the national 5 medical system was to be made on the basis of the number of colleges and professionals, which is not correct and the petitioner may be subject to strict proof for the same.

 ▪ The reason for rejecting the representation of the petitioner regarding the change of allocation of quota from 50:30:20 for Ayurveda, Homeopathy, and Unani respectively to 46:46:08 is based on the fact that Ayurveda is a more popular and detailed branch amongst the AYUSH courses. Homeopathy offers a limited grip on emergency and trauma cases, including burning cases, accidental cases, Emergency care, and cases relating to surgery, whereas Ayurveda has a detailed grip on all the issues.

▪ The number of students or colleges cannot be a factor in seeking an appointment in government employment. As claimed by the petitioners (Homeopath).

▪ The above-said rule was framed vide notification dated 21.12.2010 and allocation of quota was again re-iterated to 50:30:20 for Ayurveda, Homeopathy, and Unani respectively. The decision of GOB in allocating more seats to Ayurveda is in consonance with the understanding that the field of Ayurveda is more detailed and clinical, and it has better and in-depth knowledge of the human body by virtue of clinical experience and training provided by Ayurvedic institutions.

▪ The right to practice any system of medicine, conferred by or under any law for the time being in force in a state on the practitioners of the Indian System of Medicine enrolled in the state register of that state. (The National Commission for Indian System of Medicine Act, 2020) and (Indian Medicine Council Act, 1970)

▪ The minimum requirement for the opening of a Homeopathic college is relaxed many folds in comparison to Ayurveda and Unani colleges, which is the reason behind a larger number of Homeopathic colleges in the state.

▪ This affidavit also gives some references to the autonomy of the state in decision-making for the welfare of their citizen.

Judgment (SLP (C) No. 4573 of 2022): On August 1, 2022, the bench of Justice Mr. Uday Umesh Lalit and Justice Mr. S. Ravindra Bhat, disposed of the appeal (SLP (C) No. 4573 of 2020), and the interim relief granted earlier is vacated. In this judgment it is mentioned that “the resolution in question, was of the year 1998, without going into any submission advanced on behalf of the parties, in our view, it would be in the fitness of things that the matter is considered afresh by the concerned authorities. While doing so, all the relevant factors, namely, the number of practicing Professionals in concerned disciplines, the number of students and colleges admitting students in respective discipline(s) and such other relevant factors shall be taken into account." The appropriate steps and decisions on that behalf shall be taken within three months from today.