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2019 Supreme(Telangana) 185
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
A. RAJASHEKER REDDY, J.
Syeda Sana Fatima & Others – Appellants
Versus
The State of Telangana, Rep. by its Principal Secretary Health, Medical & Family Welfare Department & Others – Respondents
Writ Petition Nos. 39615, 40752 of 2018
Decided on : 07-08-2019
Advocate Appeared:
For the Petitioner:P. Pandu Ranga Reddy, Advocate.
For the Respondents: A. Prabhakar, Learned Standing Counsel.
.
Headnote:
Indian Medicine Central Council Act, 1970 – Section 36 – Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016 – Regulation 2(A)(a) – Telangana Sate Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 – Sections 3 & 15 – Qualification/Eligible Criteria – Admission – Both these writ petitions are filed assailing action of 3rd respondent in issuing proceedings Admissions and consequential proceedings of 4th respondent discharging petitioners from pursing B.U.M.S course, who were admitted during academic as illegal and arbitrary and consequently to set aside same – Whether respondents-3&4 justified in discharging petitioners 12 to 30 & petitioner from BUMS Under Graduate Course – Whether action of 3rd respondent in not approving admissions made by respondent-4 College and directing respondent-4 to discharge petitioners on ground that petitioners not appear in NEET Entrance examination – Held, No doubt, this Court cannot go into aspects regarding prescription of qualification for admission into courses – As this Court does not have expertise to deal with such matters and it is 3rd respondent University, who can fix same, as held by Apex Court in Bhushan Uttam (supra) – Court not undertaken such exercise, as such judgments relied on by the learned Standing Counsel are not applicable to facts and circumstances of case on hand – Notification issued by Ministry of AYUSH making NEET mandatory envisages noble idea behind it as it has made it pretty clear that the purpose of the said notification was to bring the meritorious students into the different fields of medicine – I do not find any rationale in ratifying admission of such students who not even open their accounts and secured as less as -3 & -9 marks in NEET in subject – NEET appearing student who has secured such number of marks must given precedence over non NEET student who possesses minimum qualification provided under various rules by both Central and State Governments – Impugned proceedings quashed – Directions issued – Petitions allowed (Para: 18 & 19)
Facts of the case:
Both these writ petitions are filed assailing action of 3rd respondent in issuing proceedings Admissions and consequential proceedings of 4th respondent discharging petitioners from pursing B.U.M.S course, who were admitted during academic as illegal and arbitrary and consequently to set aside same – Whether respondents-3&4 justified in discharging petitioners 12 to 30 & petitioner from BUMS Under Graduate Course – Whether action of 3rd respondent in not approving admissions made by respondent-4 College and directing respondent-4 to discharge petitioners on ground that petitioners not appear in NEET Entrance examination
Findings of the court:
No doubt, this Court cannot go into aspects regarding prescription of qualification for admission into courses – As this Court does not have expertise to deal with such matters and it is 3rd respondent University, who can fix same, as held by Apex Court in Bhushan Uttam (supra) – Court not undertaken such exercise, as such judgments relied on by the learned Standing Counsel are not applicable to facts and circumstances of case on hand – Notification issued by Ministry of AYUSH making NEET mandatory envisages noble idea behind it as it has made it pretty clear that the purpose of the said notification was to bring the meritorious students into the different fields of medicine – I do not find any rationale in ratifying admission of such students who not even open their accounts and secured as less as -3 & -9 marks in NEET in subject – NEET appearing student who has secured such number of marks must given precedence over non NEET student who possesses minimum qualification provided under various rules by both Central and State Governments – Impugned proceedings quashed – Directions issued
Result: Petitions allowed
ORDER :
1. Since the issue involved in both these Writ Petitions is one and the same, they are being heard together and disposed of by way of this Common Order.
2. Both these writ petitions are filed assailing the action of the 3rd respondent in issuing proceedings vide Lr.No.1215/Admissions/KRUHS/2018, dated 16.07.2018 and the consequential proceedings of the 4th respondent dated 27.10.2018, discharging the petitioners from pursing B.U.M.S course, who were admitted during the academic year 2017-18, as illegal and arbitrary and consequently to set aside the same.
3. Brief facts which are necessary for disposal of these Writ Petitions are as follows:
In pursuance to the notification issued by the 4th respondent institution in Siasat and Rashtriya Sahara Urdu daily news papers, dated 08.11.2017, the petitioners, possessing requisite qualification i.e., 10+2 along with knowledge in Urdu, which is a mandatory for pursuing B.U.M.S, have applied for admission in Unani Course and accordingly, the 4th respondent had accorded admission under management quota. As such, all the petitioners are the students pursuing Bachelor of Unani Medicine and Surgery (for brevity ‘BUMS’) course in the 4th respondent institution. The Rules of admissions into BUMS course are governed under the provisions of Indian Medicine Central Council Act, 1970 (for short ‘the Act of 1970’) and as per Section 36 of the Act of 1970, the Central Council of Indian Medicine had issued Regulations in the name and style as ‘The Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Amendment Regulations, 2016’ dated November, 7, 2016 (for short ‘the Regulations, 2016’) and Regulation 2(A)(a) of Schedule III of said Regulations, 2016 stipulates the eligibility conditions for pursuing BUMS course. As per said Regulation, the candidates who have passed Intermediate qualification or its equivalent with fifty percent marks in aggregate in concerned subjects of Physics, Chemistry and Biology and who have passed 10th standard with Urdu, Arabic or Persian, are eligible to pursue B.U.M.S course. While so, the 3rd respondent, issued proceedings dated 16.07.2018 ratifying the admissions of 19 students, who were admitted through National Eligibility and Entrance Test (NEET) rankings, directed the 4th respondent institution to discharge 31 candidates on the ground that 31 students do not possess required qualification as prescribed by the 3rd respondent University. Irrespective of ranks in NEET 2017, the 3rd respondent University ratified the admissions of 19 students made by 4th respondent institution and though the petitioners 1 to 11 have also submitted their NEET ranks, their admissions were not ratified on par with 19 candidates. The State Government in exercise of its powers under Sections 3 & 15 of the Telangana Sate Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983, had issued Rules vide G.O.Ms.No.170, dated 19.09.2017 stipulating rules of admissions for BUMS course and Rule 4 of the said rules prescribe the eligibility for admissions into BUMS course, as per the Regulations of Central Council of Indian Medicine. Even in the rules issued by the State Government, the State Government had not insisted upon the NEET entrance examination as was done for the AYUSH courses as provided under Rule 3(e). Till the academic year 2016-17, the State Government was conducting entrance examination i.e., ‘BUMCET’ which was being exclusively conducted for the admission into BUMS course on the lines of EAMCET entrance examination, but the said BUMCET was not conducted for the academic year 2017-18 by the State Government. Since the petitioners possess the requisite eligibility criteria as per the rules stipulated by the Apex body i.e., Central Council of Indian Medicine and also as per the Rules issued by the State Government, they are entitled to pursue BUMS course. Unless and until necessary amendments were brought in presc
