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VIKRAM D. CHAUHAN, ASHWANI KUMAR MISHRA
Lalit Chaudhary – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Vikram D. Chauhan, J.
1. The present writ petition has been filed by the petitioners for declaring the Combined Pre-Ayush Test 2017 (CPAT) for admission in BAMS course for the Session 2017–18 as unconstitutional, illegal and void ab initio. The petitioners further challenge the letter dated 26.04.2017 issued by the Government of India and the communication dated 31.05.2016 issued by the respondent No. 2– Central Council of Indian Medicine and other reliefs.
2. The brief facts in the present case is to the effect that the admissions in the Bachelor of Medicine and Surgery – B.A.M.S is regulated by Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986, as amended from time to time. The present controversy arises out of the admission in Bachelor of Medicine and Surgery – B.A.M.S for the Session 2017–18. The petitioners in the present writ petition are the students of 2017–18 batch who have taken admission in Shaheed Narendra Kumar Ayurvedic Medical College and R.K.M.S. Charitable Hospital, Pisawa Road, Chandaus, District Aligarh.
3. The above-mentioned regulations were amended in the year 2012 by means of notification dated 25.04.
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.
Section 55(2)(m) of 2020 Act does not authorize Central Government to give advisory/instructions to National Testing Agency.
Reservation of seats for candidates from outside the State under Rule 6 (c) of the Admission Rules was not violative of Art. 371-D of the Constitution, as it was made in accordance with the condition....
Section 19 (1) of the AICTE Act which provides that one of the functions of the AICTE is to lay down norms and standards for courses, curricula, physical and instructional facilities staff pattern, s....
The UOI cannot impose NEET qualifications for AYUSH admissions without legislative backing, as executive actions cannot override statutory regulations.
Admission regulations for homeopathy postgraduate courses must comply with statutory procedures; deviations are not permissible, especially post cut-off date.
The restriction imposed by the 2016 Rules on the right guaranteed under Article 19(1)(g) is reasonable and thus saved by clause (6) of Article 19.
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