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2019 Supreme(Kar) 635
IN THE HIGH COURT OF KARNATAKA
L. Narayana Swamy, R. Devdas, JJ.
Sontakke Kanchan Ramrao Daughter Of Ramrao Sonatakke, Bhalki District - Appellant
Vs.
Union Of India Ministry Of Ayurveda - Respondent
Writ Petition No. 29798 of 2018, 29799 of 2018, 29800 of 2018, 27993 of 2018, 38690 of 2018, 41195 of 2018
Decided On : 25-06-2019
Mohammad Tahir, Adv., Birdy Aiyappa, Adv., Manasi Kumar, Adv., N.K. Ramesh, Adv., Lakshminarayana, Adv., Abhishek Malipatil, Adv.
The main legal point established in the judgment is the requirement of candidates appearing in the entrance examination as a threshold for admission and the need for a common entrance test for admission to AYUSH MD/MS post graduate courses of all AYUSH colleges/institutions/University/Deemed University.
Headnote:
Admission - Post Graduate Ayurveda Course - Indian Medicine Central Council Act, 1970, Regulations, 2016 - AIA-PGET, 2017 - [Admission] - [Post Graduate Ayurveda Course] - [Indian Medicine Central Council Act, 1970, Regulations, 2016, AIA-PGET, 2017] - The court discussed the Indian Medicine Central Council Act, 1970 and the Regulations, 2016, which set the eligibility criteria for admission to the Post Graduate Ayurveda Course. The court also considered the AIA-PGET, 2017, a national level entrance test introduced for admission to Post Graduate Ayurvedic courses for the academic year 2017-18. The court highlighted the requirement of candidates appearing in the entrance examination as a threshold for admission and emphasized the need for a common entrance test for admission to AYUSH MD/MS post graduate courses of all AYUSH colleges/institutions/University/Deemed University.
Fact of the Case:
The petitioners, students of Post Graduate Ayurveda Course, sought to quash orders discharging them from the course and sought a declaration that their admission to the course for the academic year 2017-18 is legal and valid. The petitioners had not taken the AIA-PGET, 2017, a national level entrance test introduced for admission to Post Graduate Ayurvedic courses.
Finding of the Court:
The court found that the requirement of candidates appearing in the entrance examination was not waived by the communications dated 04.09.2017 and 05.09.2017. The court held that the respondent institutions could not have admitted the petitioners without them appearing in the entrance examination and that their admissions were illegal and unwarranted. The court dismissed the writ petitions as devoid of merit.
Issues: The main issues were the validity of the petitioners' admission to the Post Graduate Ayurveda Course without appearing in the AIA-PGET, 2017, and the interpretation of the communications dated 04.09.2017 and 05.09.2017 regarding the waiver of the requirement of compliance of Regulation No.8(5).
Ratio Decidendi: The court emphasized the requirement of candidates appearing in the entrance examination as a threshold for admission and highlighted the need for a common entrance test for admission to AYUSH MD/MS post graduate courses of all AYUSH colleges/institutions/University/Deemed University. The court also clarified that the communications dated 04.09.2017 and 05.09.2017 waived only the requirement of minimum percentage of marks to be secured by the candidates in the entrance examination, not the requirement of candidates appearing in the entrance examination.
Final Decision: The court dismissed the writ petitions as devoid of merit and held that the petitioners' admissions were illegal and unwarranted.
JUDGMENT :
R. Devdas, J.
The petitioners in all these writ petitions are students of Post Graduate Ayurveda Course and their prayer in common is to quash the impugned orders dated 9.4.2018, 16.03.2018 and 11.04.2018, while seeking a direction declaring that their admission to the Post Graduate Ayurveda Course, for the academic year 2017-18 is legal and valid and consequently, permit the petitioners to pursue their studies without interruption. Therefore, these matters were heard together and are disposed of by this common order.
2. The petitioners having successfully completed the undergraduate examination sought to pursue the post graduation in Ayurveda M.D. (Ayurveda) - Materia Medica and Pharmacology (Dravyaguna Vignana). It is the case of the petitioners that for the academic year 2016-17 and earlier academic years, admissions to 25% of the seats under 'Government Quota' were allotted through a State Level Entrance Test conducted by the Karnataka Examinations Authority (KEA). The remaining 75% of the seats under the 'Management Quota' were filled by the Final Merit Index calculated out of 100 marks based on written test conducted by the respective institutions. The said procedure were followed in terms of the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2012.
3. The Central Council of Indian Medicine, with the previous sanction of the Government of India, exercising powers under Section 36 of the Indian Medicine Central Council Act, 1970, in supercession of the earlier regulations, notified the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2016 (for short hereinafter referred to as 'Regulations, 2016'). As per Regulations, 2016, the eligibility criteria for the students to be admitted to the Post Graduate Ayurveda Course is provided in Regulation 8. As per Regulation 8, a student, to apply for post graduation course, should be holder of degree in BAMS course, possessing 50% marks in the entrance test conducted for admission; selection of candidates to be made on the basis of Final Merit Index calculated out of total of 100 marks, based on weightage of 80% of marks obtained in the Post Graduate Entrance Test and 20% weightage shall be given to the marks obtained in under graduate course.
4. The Central Government introduced National Level Entrance Test for admission to Post Graduate Ayurvedic courses, for the academic year 2017-18. In this regard, the Central Government issued a communication dated 31.05.2017 to the All India Institute of Ayurveda, New Delhi to make preparation to conduct All India AYUSH Post Graduate Entrance Test (hereinafter referred to as 'AIA-PGET'). Pursuant to the said communication, the All India Institute of Ayurveda, New Delhi, issued a notification dated 21.06.2017 in the pubic domain, notifying that the entrance test for Post Graduate AYUSH Courses shall be conducted pan India in AIA-PGET, 2017. The registration for the entrance test of AIA-PGET, 2017 commenced on 27.06.2017 and closed on 15.07.2017.
5. The grievance of the petitioners is that there was short notice and the entrance test was conducted in the State of Karnataka, only at two centers, namely, Bengaluru and Hubballi. Admittedly, the petitioners have not taken the Entrance Test in AIA-PGET, 2017. The results of AIA-PGET, 2017 were announced on 25.08.2017. The petitioners, who were desirous of securing a seat for the Post Graduation Course, approached the respondent institutions. The petitioners were informed of the requirement of appearing in the AIA-PGET, 2017 and were promptly refused admission, since they have not taken the entrance exam. However, it appears that by a communication dated 04.09.2017, the Under Secretary to Government of India, Ministry of AYUSH, informed the State Authorities that the criteria of 50% qualifying marks as specified in Regulation 8 (5) of the Regulation, 2016, for admission in Ayurveda stream has been waived off to ensure equality on quali
