SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(All) 340

HIGH COURT OF JUDICATURE AT ALLAHABAD
Vikas Budhwar, J.
Dr Sudhanshu Vashistha and others - Petitioners
Versus
State of U.P. and others - Respondents
WRIT - A No. - 1446 of 2026
Decided On : 12-03-2026

Advocates Appeared:
For the Petitioner: Onkar Nath
For the Respondent: Fuzail Ahmad Ansari, C.S.C., Mahendra Narain Singh

Eligibility for Ayurved medical officer posts requires full B.A.M.S. degree including 12-month compulsory internship completed by application cut-off; provisional registration valid only for internship does not qualify candidates.

Headnote:(A) Uttar Pradesh State Medical (Ayurvedic and Unani) Service Rules, 1990 - Rule 8; Uttar Pradesh Medical and Community Health (Ayurvedic and Unani) Service Rules, 2008 - Rule 8; National Commission for Indian System of Medicine (Minimum Standards of Undergraduate Ayurveda Education) Regulations, 2022 - Regulations 6, 7, 15 - Qualification for posts of Medical Officer (Ayurved) and Medical Officer Community Health (Ayurved/Unani) mandates degree in Ayurveda from recognized university including completion of 12-month compulsory rotatory internship - Provisional registration certificate valid only for internship period and does not qualify candidate for selection if internship incomplete by application cut-off date - Delay due to pandemic in examinations does not justify extension of deadline - Eligibility strictly determined as on last date for submission of applications. (Paras 10, 11, 12, 14, 15, 16)

Facts of the case:
Writ petitioners possessing provisional registration after B.A.M.S. examinations sought direction to accept applications for Medical Officer posts beyond cut-off date of 22.01.2026 as their 12-month internships would complete on 28.02.2026 due to pandemic-related delays in sessions and exams.

Findings of Court:
Petitioners ineligible as B.A.M.S. degree conferred only upon completion of full programme including 12-month internship; provisional certificate insufficient for eligibility or practice.

Issues: Whether provisional B.A.M.S. registration suffices for eligibility without completing 12-month compulsory rotatory internship by application deadline; whether pandemic delays warrant extension of cut-off.

Ratio Decidendi: Degree awarded post completion of 5 years 6 months B.A.M.S. programme comprising three professional phases and 12-month internship (Regulation 6 table, 7); internship integral to degree (Regulation 15); cut-off date governs possession of qualifications, post-deadline attainment not considered.

Result: Writ petition dismissed. (Para 17)

Table of Content
1. writ petition decided at admission post affidavits. (Para 1 , 2 , 3 , 5 , 6 , 9)
2. petitioners seek deadline extension for internship. (Para 4 , 7)
3. full 12-month internship mandatory for bams. (Para 8)
4. degree, registration, six-month experience essential. (Para 10 , 11)
5. bams requires 5.5 years including 12-month cri. (Para 12 , 13)
6. provisional certificate insufficient; cutoff eligibility strict. (Para 14 , 15 , 16)
7. petition dismissed; no relief granted. (Para 17)

JUDGMENT :

VIKAS BUDHWAR, J.

1. Heard Sri Onkar Nath, learned counsel for the writ petitioners, who are seven in number, Sri Gaurav Singh, learned Standing Counsel for the State and Sri F.A. Ansari, learned counsel for the Commission.

2. Since counter and rejoinder affidavits have been exchanged between the rival parties, they do not propose to file any further affidavit.

3. With the consent of the parties, the writ petition is being decided at the fresh stage.

4. The case of the writ petitioners is that an advertisement was published on 22.12.2025 for appointment of Medical Officers, on the post of Medical Officer, Ayurved and Medical Officer Community Health (Ayurved and Unani) being Advertisement No. D-6/E-1/2025 dated 22.12.2025. The last date of submission of application form was mentioned as 22-1-2026. The writ petitioner nos. 1 to 5 claim to have passed their B.A.M.S. Examination in the year 2024 from Kalawati Ayurvedic Medical College & Research Centre & Hospital, Gorha, Kasganj which is affiliated to Dr. B.R. Ambedkar University, whereas the writ petitioner nos. 6 and 7 cleared their B.A.M.S. Examination in the year 2024 from Jeevan Jyoti Ayurvedic Medical College & Hospital, Aligarh affiliated to Dr. Bhim Rao Ambedkar University, Agra. The writ petitioner nos. 1 to 4 claim to have completed their six months allopathic internship from District Hospital Etah / Veerangana Avantibai Lodhi Autonomous State Medical College, Etah. The writ petitioner no.5 claims to have completed her six months Ayurvedic Internship from Kalawati Ayurvedic Medical College & Research Centre & Hospital, Kasganj which is affiliated to Dr. Bhim Rao Ambedkar University, Agra and writ petitioner no.6 from District Hospital Aligarh, followed by writ petitioner no.7 Jeevan Jyoti Ayurvedic Medical College & Hospital, Aligarh. The writ petitioner nos. 1 to 5 claim to have got themselves registered as doctor from the Board of Ayurvedic and Unani Tibbi Systems of Medicine U.P. at Lucknow on 27.01.2025 and petitioner Nos. 6 and 7 on 30.01.2025. According to the writ petitioners, though the last date of submission of the application form was 22.01.2026, but since one year internship of the petitioner would be completed 28.02.2026, thus the respondents be directed to accept the application form of the writ petitioners beyond the cut-off date.

5. This Court entertained the writ petition on 03.02.2026 while seeking response.

6. Counter affidavit has been filed on behalf of the Commission sworn by Deputy Secretary dated 16.02.2026 to which a rejoinder affidavit has been filed.

7. Learned counsel for the writ petitioner has submitted that the writ petitioner is entitled to be accorded the benefit of extension of the date for submission of application form from 22.01.2026 to 28.02.2026, particularly when a provisional registration certificate came to be issued under Section 28 of the Central Council of Indian Medicine Act , 1970 of B.A.M.S. having registration dated on 27.01.2025, thus merely because on account of the fact that Pandemic relating to CORONA was there, the session got delayed and the examination were postponed and deferred and once provisional certificate came to be issued, then the writ petitioners are entitled to be treated to be qualified and merely because their internship is to be completed by 28.02.2026, the same would not be a ground to forestall their claim for participating for the selection on the said post in that regard.

8. Sri Ansari, who appears for the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top