Case BriefsHigh Courts

Patna High Court: A Single Judge Bench comprising of Chakradhari Sharan Singh, J., allowed the application which challenged press communiqué issued by State Government whereby NEET qualification was made mandatory for admission to AYUSH courses.

Facts of the case were that petitioner was aggrieved by a press communiqué released by the Health Department, Government of Bihar making NEET mandatory exam for entrance in AYUSH courses. Petitioner contended that the communiqué was provided after the last date of filing form for NEET was over and that requirement for AYUSH courses were distinct from one required in MBBS/BDS courses as NEET is an entrance exam specifically for MBBS and BDS. Whereas respondent defended the communiqué by stating it to be a result of Supreme Court judgment which stated the requirement of a common entrance test for admission to medical courses with a sole purpose of granting admission to meritorious students. The question before Court was to see if NEET qualification can be made a mandatory requirement for admission to AYUSH courses without amending the Indian Medical Council Act, 1970 and regulations thereunder. Court answered the above question by stating that without amendment in Act and Regulation, NEET qualification cannot be made mandatory for entry into other courses than MBBS/BDS.

High Court was of the view that the notification came after the last date for filing the application form of NEET was over and that syllabus and requirement for AYUSH courses were different from MBBS/BDS. The decision of Union government making NEET mandatory for admission to AYUSH (UG) courses was found to be contrary to regulations framed under the Indian Medicine Central Council Act, 1970. With the above view, Court set aside the letter of the Central government and quashed the press communiqué issued by State government. [Vihar Private Unani Medical Colleges v. Union of India,2018 SCC OnLine Pat 1857, order dated 10-10-2018]

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval to the Memorandum of Understanding (MoU) between India and Equatorial Guinea for Cooperation in the field of Traditional Systems of Medicine. The MoU will enhance bilateral cooperation between the two countries in the areas of Traditional Systems of Medicine. The financial resources necessary to conduct research, training courses, conferences/ meetings and deputations of experts will be met from the existing allocated budget and existing plan schemes of Ministry of AYUSH.

Background: The Traditional Systems of Medicine in India are well organized, codified and well documented comprised of Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa Rigpa and Homoeopathy. These systems hold tremendous potential in the global health scenario. The Ministry of AYUSH having the mandate to promote, propagate and globalize these Traditional Systems has taken effective steps by entering into MoU with Malaysia, Trinidad & Tobago, Hungry, Bangladesh, Nepal, Mauritius, Mongolia, Iran and Sao Tome & Principe for cooperation in the field of Traditional Medicine.

AYUSH

NewsTreaties/Conventions/International Agreements

The Union Cabinet has given its ex-post facto approval for the Memorandum of Understanding (MoU) between India and Sao Tome and Principe for Cooperation in the field of Traditional Systems of Medicine and Homoeopathy.

Major impact:

The MoU, will enhance bilateral cooperation between the two countries in the areas of Traditional Systems of Medicine. This will be of immense importance to both countries considering their shared cultural heritage.

Implementation strategy and targets:

The activities between the two sides will start after the receipt of copy of the signed MoU. The initiatives taken between the two countries will be as per the terms of reference of the MoU signed and will be a continuing process till the MoU remains in operation.

Background:

India is blessed with well-developed systems of traditional medicine including medicinal plants, which hold tremendous potential in the global health scenario.

The Ministry of AYUSH of the Republic of India having the mandate to promote, propagate and globalize the Traditional Systems of Medicine including Ayurveda, Yoga and Naturopathy, Unani, Siddha, Sowa-Rigpa and Homoeopathy has taken effective steps by entering into MoU with the Government of Malaysia, Government of Trinidad & Tobago, Government of Hungry, Government of Bangladesh, Government of Nepal, Government of Mauritius, Government of Mongolia, Government of Iran for Cooperation in Traditional Medicine. Another MoU is proposed to be signed with the Government of Sri Lanka.

[Press Release no. 1530142]

AYUSH