Delhi High Court quashes NCISMC chief's appointment due to ineligibility

The court held that Deopujari did not fulfil the academic criteria required for the appointment since he did not have a Master's degree despite holding a PhD

The Delhi High Court on Friday set aside the appointment of Vaidya Jayant Yeshwant Deopujari as the chairperson of the National Commission for Indian System of Medicine (NCISMC), holding him ineligible for office on the grounds that, despite having a Ph.D, he had not completed a Master’s degree programme.

 

A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela allowed two petitions challenging Deopujari’s appointment.

 

“The writ petitions are allowed, and a writ of quo warranto quashing and setting aside the appointment of respondent 5 (Deopujari) as Chairperson of the Commission is issued,” the bench held.

 

 

The court passed the order in response to petitions filed by Ved Prakash Tyagi, former president of the erstwhile Central Council for Indian Medicine, and Dr Raghunandan Sharma. 

 

The Ministry of Personnel, Public Grievances, and Pensions had issued a circular on June 9, 2021, appointing Deopujari as the commission’s chairperson.

 

The petitioners argued that Deopujari could not be appointed as he did not meet the eligibility criteria under the National Commission for Indian System of Medicine Act, 2020 (NCISM Act).

 

The Act stipulates that the chairperson must possess a postgraduate degree in medical education and have 20 years of experience in the medical field.

 

The court found that Deopujari did not fulfil the required academic criteria, stating that the Ph.D awarded to him by Pune University did not presuppose acquisition of a lower qualification, i.e., a Master’s degree in Ayurveda.

 

It noted that Deopujari was admitted to the Ph.D programme immediately after obtaining his graduation degree in Ayurveda (BAMS), without undergoing a Master’s degree course.

 

What is the National Commission for Indian System of Medicine?

 

The National Commission for Indian System of Medicine is a statutory regulatory body established under the NCISM Act, 2020. It is responsible for framing policies and ensuring quality standards in institutions offering education in the Indian system of medicine. The Commission replaced the Central Council of Indian Medicine.