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2023 Supreme(Pat) 1353

K. VINOD CHANDRAN, RAJIV ROY
Rakesh Kumar Singh, S/o. Krishna Kumar Singh – Appellant
Versus
Union of India, through Secretary, Ministry of Ayush – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajendra Narayan, Sr. Adv., Mr. Lalan Kumar, Adv., Mr. Vivek Amritesh, Adv.
For the Respondents:Mr. Janardan Prasad Singh, Sr, Advocate, Mr. Deepak Kumar, Advocate, Mrs. Punam Kumari Singh, CGC, Mr. Vishwaroop Jha, Advocate, Mr. Manoj Kumar Jha, Advocate.

JUDGMENT :

(K. Vinod Chandran, CJ.) :

The petitioner is said to have qualified the Graduate of Ayurvedic Medicine and Surgery (for brevity “G.A.M.S.”) Course conducted in the Shrihari Shakuntalayam Ayurvedic Medical College and Hospital, Muzaffarpur, Bihar which had a permanent recognition and affiliation with effect from the academic year 1992 in terms of Sections 13, 14 and 15 of the Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951.

2. The petitioner took admission to the G.A.M.S. course in the academic year 1996, of the five-year course (19962001 batch) while the 1st, 2nd and 4th year examinations are conducted by the college, the 3rd and 5th year examination is taken by the State Faculty of Ayurvedic and Unani Medicines under the Bihar State Ayurvedic and Unani Medicines Council, Patna (for brevity “Medicines Council”); which examination of the 3rd and 5th year were known as preliminary and final examinations respectively.

3. The petitioner appeared in all the four years examinations but before he could participate in the 5th year examination, a writ petition was filed challenging the validity of the course conducted by the institutes under the aegis of the S

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