Delhi High Court sets aside CCIM order debarring 100+ Ayurveda teachers

The Delhi High Court on Monday set aside an order passed by the Central Council of Indian Medicine (CCIM) which debarred more than a hundred Ayurveda teachers from teaching [Anil Kumar Singh Bhadoria vs. Union of India & Anr.] .Single-judge Justice V Kameswar Rao said that CCIM did not consider the relevant material produced by the teachers. "The orders passed do not reveal that the material produced by the petitioners has been considered. Even if considered, the material is not referred to. The reflection of the materials / documents relied upon by the petitioners would have revealed the basis / reasons for CCIM to support its action," the Court said while setting aside the orders.It then proceeded to remand the matter back to CCIM for consideration afresh.The judgment came on a petition moved by Ayurveda teachers from all over the country, who hold degrees in Bachelor of Ayurveda, Medicine, and Surgery (BAMS).In January 2021, hundreds of Teacher Codes were withdrawn by the CCIM, resulting in the debarment of the petitioners from the profession. The CCIM action was on the ground that a large number of teachers were registered and practicing in States where they were not originally employed as teachers.A 'Teacher Code' is a Unique Identification Code allotted to the teachers by CCIM. It's specifically for those teaching Ayurveda courses in government/ private institutions.Senior Advocate Sandeep Sethi with A Mariarputham, and Siddharth R Gupta on behalf of the Ayurveda teachers, submitted that the CCIM debarment order was passed without any jurisdiction and that there was lack of adherence to the principles of natural justice.CCIM, represented by advocate Archana P Dave, justified its actions and stated that it was well within its jurisdiction to withdraw the Teacher Codes.The Delhi High Court after examining all contentions held that there was non-consideration of the material submitted by the petitioners."An authority discharging its functions under a statute / regulation must pass a reasoned order which would reveal the consideration of the relevant material in support of the said order. The petitioners being in dark as to for what reasons, the material relied upon by them has been discarded, the impugned orders need to be set aside," the Court said. The Court, therefore, remanded the matters back to the CCIM to be considered afresh. "The matters are remanded back to the respondent No.2 (CCIM) with a direction that they should pass fresh order(s) by considering all the material available with them and connected matters, including the material submitted by the individual petitioner and pass a reasoned order with a period of 12 weeks from today."In the meantime the status quo prevailing as on date should continue, the Court clarified. The petitions were filed through advocate advocate Animesh Kumar. .AYUSH is mother of modern medicine: Ayurveda practitioner serves defamation notice on IMA for equating AYUSH COVID-19 remedies to placebos.[Read Judgement]