Supreme Court Issues Notice On Plea Seeking Shutting Down Of The Uttar Pradesh State Medical Faculty
The Supreme Court today issued notice on an SLP filed by one Ajay Kumar Sharma challenging the validity and functioning of the Uttar Pradesh State Medical Faculty. The petitioner had approached the Allahabad High Court seeking direction to the Government of Uttar Pradesh and the Centre to shut down and take disciplinary action against the Uttar Pradesh State Medical Faculty. He approached the Apex Court being aggrieved by the dismissal of his Writ Petition by the High Court.
A Bench comprising Justice Ajay Rastogi and Justice Bela M Trivedi issued notice to the Union of India, the State of Uttar Pradesh, and the Uttar Pradesh State Medical Faculty.
Senior Advocate Amit Kumar appeared on behalf of the petitioner.
The Special Leave Petition has been filed through Advocate-on-Record Vivek Sharma contending that despite the repeal of the Indian Medical Degree Act, 1916 in its entirety, the Uttar Pradesh State Medical Faculty has been continuing its functioning for the last five years without facing any repercussions for unauthorized grant of degree, diplomas, certifications, recognition to Centre, etc.
As per the plea, the Uttar Pradesh State Medical Faculty is also charging fees from the students of paramedical and nursing institutions and also from such institutes/centers for granting them recognition.
The Indian Medical Degrees Act, of 1916 was enacted to regulate the grant of titles implying qualification in western medical Science. Section 3 of the Act grants the right of conferring degrees, diplomas, license certificates, or other documents stating or implying that the holder or recipient thereof is qualified to practice western medical sciences.
On May 9, 2016, the Repealing and Amending Act, 2016 was notified by the Ministry of Law and Justice with the objective to repeal the Indian Medical Degrees Act, 1916 in its entirety.
The petitioner contended that the said Act “revoked all privileges of Uttar Pradesh State Medical Faculty”.
In response to an RTI application filed by the petitioner, the PIO of Uttar Pradesh State Medical Faculty informed him that “(it) is authorized by the Indian Medical Degree Act, 1916” to grant recognition to institutions for Paramedical and Nursing Courses.
“[A] statutory body can only be created under a statute and not otherwise. No statutory body can be created by notification as alleged by Uttar Pradesh State Medical Faculty. Secondly, on 16.12.1926, Uttar Pradesh State Medical Faculty,.... was added to the schedule …under Indian Medical Degree Act, 1916”, the plea read.
The petitioner approached the Allahabad High Court, Lucknow Bench seeking direction for shutting down Uttar Pradesh State Medical Faculty and for taking disciplinary steps against it for carrying out activities after the Repealing and Amending Act, 2016 came into force.
The High Court vide interim Order dated July 23, 2021, had restrained the Uttar Pradesh State Medical Faculty from granting diplomas or degrees and even recognizing any institution on the ground that the Indian Medical Degrees Act, 1916 has been repealed by the repealing and amending Act of 2016.
However, vide the impugned Order of August 11, 2021, the High Court vacated the Interim Order and held that no contravention of law was found in the regulation and recognition of nursing staff and other paramedical staff in the State by the Uttar Pradesh State Medical Faculty.
Cause Title- Ajay Kumar Sharma v. Union of India