The Supreme Court of India on Tuesday, June 10, stayed the Delhi High Court judgment quashing the appointment of Vaidya Jayant Yashwant Devpujari as chairperson of the National Commission for Indian Systems of Medicine (NCISM).
The interim stay was granted by a bench headed by Justice Prashant Kumar Mishra and Justice Manmohan while issuing notice on the special leave petitions filed by both Devpujari and NCISM. The judgment comes after the judgment of the Delhi High Court to be delivered on June 6, 2024.
Read also: CJI B R Gavai: Technology Must Support, Not Replace, Human Mind in Judiciary
“Since Devpujari is due to step down today, we are staying the judgment to ensure that he is not denied pension and other retirement benefits,” the Supreme Court said.
The apex court highlighted that it will examine the core issue of whether Devpujari’s PhD degree can be considered equivalent to a postgraduate qualification, which is a legal requirement under the NCISM Act, 2020.
During the hearing, Justice Mishra remarked, “The question is whether his PhD is equivalent to a postgraduate.”
The Delhi High Court had earlier ruled against Devpujari’s eligibility on the basis of petitions filed by Dr Ved Prakash Tyagi and Dr Raghunandan Sharma. They had sought a writ of quo warranto to challenge the validity of Devpujari’s appointment on the ground that he did not possess the statutory educational qualification.
Read also: Supreme Court: Accused can voluntarily undergo narco-analysis test only with court's permission
The high court, headed by Chief Justice DK Upadhyay and Justice Tushar Rao Gedela, concluded that Devpujari did not possess a postgraduate degree in any subject related to the Indian system of medicine, as mandated under Section 4(2) of the NCISM Act.
When we consider the expression 'postgraduate degree' occurring in Section 4(2) of the NCISM Act, 2020, we are of the view that postgraduate degree in this provision would mean a degree awarded after completion of a course undertaken by a person who already possesses a bachelor's degree," the high court clarified.
The court emphasised that a PhD is a research qualification rather than an academic qualification and does not usually require a formal course of study or standard examinations. It said the degree is awarded on the basis of a scholar's research work and should not be confused with a structured postgraduate degree like M.A. or M.Sc.
Read also: Supreme Court hears plea against exclusion of visually impaired and locomotor disabled persons from
"Not every degree awarded after graduation can be treated as a postgraduate qualification. In higher education, a postgraduate degree means an M.A. or a PhD. The degree is not a postgraduate degree," the high court said.
The Supreme Court's stay now puts the High Court's ruling on hold pending further review of whether a PhD awarded without a prior postgraduate degree can meet the statutory criteria for the role of NCISM president.
Case : VAIDYA JAYANT YASHWANT DEOPUJARI VS. VED PRAKASH TYAGI | DIARY NO. - 32061/2025 and NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE VS. VED PRAKASH TYAGI DIARY NO. - 32087/2025