W.P. (S) No. 2943 of 2016. Case: Amitabh Kumar Vs Union of India and Ors.. Jharkhand High Court

Case NumberW.P. (S) No. 2943 of 2016
CounselFor Appellant: Rajiv Kumar, Rishikesh Giri and R.L. Yadav, Advocates and For Respondents: Vibha Bakshi, Sr. CGC
JudgesPramath Patnaik, J.
Judgement DateJanuary 20, 2017
CourtJharkhand High Court


Pramath Patnaik, J.

  1. In the instant writ application, the petitioner being aggrieved by the letter dated 04th May, 2016 (Annexure-4), written by the Respondent No. 1 and the letter dated 24th May, 2016 (Annexure-7), written by the Respondent No. 2 calls in question the legality and propriety of the aforesaid letters on the ground that no successor has been appointed in view of the fact that no election is directed in view of Rule 23 of the Indian Medicine Central Council Act, 1970.

  2. The brief facts, as emanated in the writ application, is that the petitioner is the Principal of Suryamukhi Dinesh Ayurvedic Medical College, which is affiliated with the Vinoba Bhave University, Hazaribagh. The constitution of the Central Council of Indian Medicine (hereinafter in short referred to, as 'CCIM') is governed under the provisions of Section 3 of the Indian Medicine Central Council Act, 1970 (hereinafter in short referred to, as 'IMCC Act, 1970'). As per the aforesaid Act, there are three types of members, (i) elected members under Section 3 (i) (a) of the IMCC Act, 1970 (ii) University Representatives under Section 3 (i) (b) of the IMCC Act, 1970 and (iii) nominated members under Section 3 (i) (c) of the IMCC Act, 1970. The members of the council i.e. CCIM elect office bearers viz. President, Vice-President amongst themselves. The tenure of the member, President, Vice-President is for five years, however they are permitted to continue till their successor are elected/nominated as per Section 7 (i) of the IMCC Act, 1970. The Central Government frames rules for election under Section clause (1) (a) and (1) (b) of Section 3 of the Indian Medicine Central Council (Election) Rules, 1975. Rule 22 makes a provision for notification of election. Rule 26 provides for observer for the election. The procedure subsequent to election is a notification to be issued under Rule 24 of the Rules, by Central Government. The Central Government has a Ministry of Ayush. AYUSH is an acronym for Ayurveda, Yoga and naturopathy, Unani, Siddha and Homoeopathy. The notification has been issued in the official Gazette of the Government of India vide Annexure-3 and 3/1 series of the writ petition. The Respondent No. 1 vide Annexure-4 to the writ petition wrote a letter interpreting the tenure to be calculated with effect from the date of election and the letter was sent by the respondent No. 1 to the respondent No. 4 regarding expiry of the petitioner's term as University representative of Vinoba Bhave University, as 04th July, 2016 (i.e. the date of election), instead of calculating on the basis of 5 years terms with effect from the date of notification i.e. 20th June, 2012 and the term as per the decision of the Hon'ble Apex Court would be 20th June, 2017. It has been averred in the writ petition and as disclosed from Annexure-5, the election has not been notified under Rule 23 (a) of the Rule nor any observer has been appointed under Rule 26 of the Rule, even the tenure as a member is not over. Yet, the said letter has a side effect as the petitioner is also the Vice-President of...

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