JUDGMENT

P. P. Naolekar, J.—

1.The brief facts of the case are that six petitioners in CWJC No. 7253 of 1998 before the Patna High Court who had obtained GAMS (Graduate of Ayurvedic Medicine and Surgery) degree from the State Faculty of Ayurvedic and Unani Medicines (for short the Faculty) established under Section 17 of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 (for short the 1951 Act) were not permitted to appear in the examination for admission in Post Graduate Course in Ayurved leading to award of Degree of Doctor of Medicine in Ayurved. It was the case of the petitioners that they had passed the GAMS examination conducted by the Faculty under the 1951 Act and were conferred GAMS degree by the Faculty and, thus, they were qualified to appear in the examination for obtaining the Degree of Doctor of Medicine in Ayurved. After service of notice, the respondents entered appearance and the State filed reply wherein the stand taken by the State was that GAMS Degree obtained by the petitioners in 1997 was not valid and recognized degree because according to the letter dated 4.7.1998 sent by the Secretary, Central Council of Indian Medicine (for short CCI