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IN THE HIGH COURT OF ALLAHABAD
Vikram D. Chauhan, Ashwani Kumar Mishra, JJ.
Lalit Chaudhary And Others - Petitioner
Vs.
Union Of India And Others - Respondent
WRIT - C No. - 20273 of 2021
Decided On : 29-11-2021
Constitution of India,1950 - Writ petition - Indian Medicine Central Council Act, 1970 - Section 22 - For declaring Combined Pre-Ayush Test 2017 (CPAT) for admission in BAMS course for Session 2017–18 as unconstitutional, illegal and void ab initio - Regulations were amended in year 2012 by means of notification which did not provide for any Common Entrance Test for admissions in Bachelor of Medicine and Surgery – Petitioners submits that regulations provide for direct admission in the Bachelor of Medicine and Surgery – B.A.M.S course to those candidates who fulfilled the admission qualification as prescribed in the above-mentioned regulations as amended by notification - State Government nor University raised any objection to said admissions - Regulations of 2016 also did not provide any mandate for holding of Common Entrance Test in respect of course in question.
Finding of the court :
Course in question is undoubtedly a professional course, institutions, cannot be permitted to admit students through a process which is not fair and transparent and which does not promote merit and excellence in such courses - Petitioners has not been able to show source of power which permits respondent institution to directly take admissions in course in question specifically when institution already received student from common entrance examination - Respondent institution could not be permitted to take admissions directly in professional courses specifically when Central Council and the Government of India has only permitted admission to course in question through a common entrance examination - Non-availability of eligible candidates for admission in course in question cannot be a reason to permit direct admissions by the respondent– Institution which will amount to lowering the minimum standard of education prescribed by respondents - Petitioners had opportunity to appear in common entrance examination conducted by the State of Uttar Pradesh in respect of course in question at relevant time - Petitioners did not appear in common entrance examination and as a backdoor entry have secured admission to the respondent – Institution in professional course which is unfair and illegal.
Result : Writ petition dismissed.
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 25.04.2012. The aforesaid notification dated 25.04.2012 did not provide for any Common Entrance Test for admissions in Bachelor of Medicine and Surgery – B.A.M.S in various institutions run in the State. It is the case of the petitioners that the regulations provide for direct admission in the Bachelor of Medicine and Surgery – B.A.M.S course to those candidates who fulfilled the admission qualification as prescribed in the above-mentioned regulations as amended by notification dated 25.04.2012.
4. The respondent institution for the academic session 2015–16 admitted students directly as per the above-mentioned regulations as amended by notification dated 25.04.2012. It is further submitted by the counsel for the petitioners that the State Government nor the University raised any objection to the said admissions.
5. By means of letter dated 31.05.2016, the Central Council of Indian Medicine, New Delhi communicated to the Health Secretaries of Government of Various States including the State of Uttar Pradesh and decision was taken at the meeting held on 09.05.2016 at the Ministry of Ayush providing that the admission to the above-mentioned course should be made in the country through National Eligibility Entrance Test (NEET) from Session 2017–18. It was also directed that the admissions to the above-mentioned course through any other means will not be admissible in any case from the Year 2016–17 and a direction was issued to the State Government to take responsibility to implement the aforesaid decision.
6. On 26.04.2017, the Ministry of Ayush communicated its decision to all the State Authorities that in case due to some difficulties the States are unable to adopt NEET merit list for AYUSH-UG admission for the academic year 2017–18 then the States may admit students in the colleges and institutions through Common Entrance Test (CET) of the concerned State Government.
7. Further, by means of notification dated 07.11.2016, the above-mentioned regulations were again amended by means of Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016. The above-mentioned Regulations of 2016 provided for admission qualification. However, the aforesaid Regulations of 2016 also did not provide any mandate for holding of Common Entrance Test in respect of the course in question.
8. It is further submitted by the learned counsel for the petitioners that the State Government thereafter on 4.09.2017 issued direction nominating Lucknow University, Lucknow to conduct Combined Pre Ayush Test 2017 for selection of candidates for the Session 2017–18 in the BAMS Course. It is submitted by the learned counsel for the petitioners that the above-mentioned letter dated 04.09.2017 has been issued by the Secretary without any statutory au
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