Students With BAMS Or BUMS Degree Have Right To Register As Ayurvedic Or Unani Physician And Obtain License: Delhi High Court

Delhi High Court has said that only those students who have BAMS or BUMS degree have the right to get registered as an Ayurvedic or Unani doctor and get a license. Justice C. Hari Shankar said that before obtaining such a degree, the student has no right to practice medicine as a registered doctor.

The Justice said that a student who is studying BAMS/BUMS cannot claim the right to do medicine. Only after passing all their papers and obtaining BAMS or BUMS degree the student can claim a license to practice medicine as a registered medical practitioner. He made the above comment while rejecting the petition of students studying BAMS and BUMS from many colleges.

The students had challenged Section 15(1) of the Indian Medical System Commission Act, 2020, according to which it was mandatory for them to first pass the National Exit Test to do medicine. The students said that they had taken admission in BAMS or BUMS at the time of the implementation of the Indian Medical Central Council Act, 1970. In this way they do not need to undergo any examination applicable later. This exam cannot be imposed on them.

Rejecting his demand, the court said that the license to practice medicine as an Ayurvedic or Unani medicine practitioner will be available only after he passes BAMS or BUMS. It upheld the decision to take the National Exit Test, saying that after passing the BAMS or BUMS examination, they are entitled to obtain a license.

The court said that the exit examination is in accordance with the NEP, 2020 and it is in public interest. Its objective is to ensure quality and excellence of people doing doctors in Ayurvedic and Unani medicine. The right to a license to practice medicine as a Registered Medical Practitioner is a subsequent stage, which is conditional on obtaining the BAMS or BUMS degree. Therefore it cannot be invalidated.

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