The necessity of NEET UG-2019 qualification for admission to BUMS/BAMS/BHMS Courses for the academic session 2019-20 as per the Indian Medicine Central Council Act, 1970 and the Regulations of 2018.

JUDGMENT

Saugata Bhattacharyya J. - These appeals are presented against the order dated 23rd June, 2020 as well as the order dated 8th September, 2020 by which the previous order dated 23rd June, 2020 was modified, passed by the learned Single Judge while allowing the writ petitions preferred by two writ petitioners.

2. The writ petitioners, inter alia, prayed for following reliefs in one of the writ petitions being W.P. 19900 (w) of 2019 :

"a) A writ of declaration declaring that the students aspiring to pursue the Ayurved and Unani under graduate courses in the academic year 2019-2020 are eligible for admission on the basis of the merit selection made by the respective colleges.

b) A writ of or in the nature of Mandamus commanding the respondents to allow admission of the petitioners and/or aspiring students who qualifies the qualification set forth by the Central Council of Indian Medicine in such manner as this Hon'ble Court may deem fit and proper;

c) A writ of or in the nature of mandamus commanding the respondents and each of them particularly the respondents No.1 and 2 to extend the cutoff date for admission;

d) A writ of or in the nature of Prohibition commanding the respondents not to give any effect or any further effect to the letter dated 1st November, 2018;"

3. From the prayer couched in the writ petitions it appears that writ petitioners were desirous to take admission in Bachelor of Unani Medicine & Surgery (BUMS) and Bachelor of Ayurvedic Medicine and Surgery (BAMS) and Bachelor of Homoeopathic Medicine and Surgery (BHMS) for the Academic Session 2019-20. In pursuit of getting relief from this Hon'ble Court for taking admission into BUMS/BAMS/BHMS Courses the main plank of argument advanced on behalf of the writ petitioner was inadequate notice of notification dated 7th December, 2018 prescribing requirement by the Central Council of Indian Medicine for participating in National Eligibility-cum-Entrance Test (UG) 2019 in terms of the Indian Medicine Central Council (Minimum standards of Education in Indian Medicine) Amendment Regulations, 2018. According to the writ petitioners, newspaper's notification requiring participation in the entrance test (NEET UG-2019) was published in November, 2018 and the same need not be given effect to for facilitating admission of the writ petitioners in the said BUMS and BAMS Courses. Another limb of argument for seeking relief on the writ petition filed by the petitioners was that there was no requirement to follow the notification dated 7th December, 2018 issued under the Indian Medicine Central Council (Minimum standards of Education in Indian Medicine) Regulations, 2018 due to lack of notice which was required to be disseminated prescribing requirement to qualify entrance examination being a precondition for taking admission into BUMS and BAMS Courses. It was also contended on behalf of the writ petitioners that the criteria laid down by the appellants for admission to ayush/unani undergraduate course is not inconformity with the opinion expressed by the Joint Director of National Testing Agency.

4. On perusal of the order under appeal dated 23rd June, 2020 it appears that on behalf of respondents point was taken that in absence of admission of the writ petitioners the seats would go vacant for the Academic Session 2019-20 in the said medical courses.

5. Considering the rival contentions of the parties learned Single Judge while disposing of the writ petition passed an order dated 23rd June, 2020 permitting the respondent authorities to allow the writ petitioners to take admission in BUMS and BAMS Courses for the Session 2019-20 by placing reliance on the order dated 18th November, 2018 passed by Lucknow Bench of Allahabad High Court which was taken note by the learned Single Judge in His order dated 5th December, 2018 passed in WP No. 22539 (w) of 2018. The impugned order dated 23rd June, 2020 was corrected by a subsequent order dated 8th September, 2020 by the learned Sin