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AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1020 of 2019
1. Shreya Choubey D/o Chandrajeet Choubey, Aged About 19 Years R/o Plot No.
262, Jawahar Nagar, Durg District Durg Chhattisgarh
2. Amiyo Biswas S/o Sushant Kumar Biswas Aged About 19 Years R/o Fafadih, Station Road, Raipur District Raipur Chhattisgarh
3. Vishaka Tiwari D/o Vijay Kumar Tiwari, Aged About 23 Years R/o Hudco, Bhilai District Durg Chhattisgarh ---- Petitioners Versus
1. Union Of India Through The Secretary, Ministry Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy ( Ayush), Ayush Bhawan, B Block, GPO Complex , INA, New Delhi - 110023
2. Central Council Of Indian Medicine, Through - The Secretary, 61 - 65 Institutional Area Opposite D Block, Janakpuri New Delhi - 110058
3. State Of Chhattisgarh, Through - The Secretary, Health, Family Welfare And Medical Education Department, Mantralaya, Atal Nagar Raipur District Raipur Chhattisgarh
4. Ayush And Health Science University, Through - The Registrar, G.E. Road, Raipur District Raipur Chhattisgarh
5. The Director, Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy ( Ayush ) Chhattisgarh Raipur District Raipur Chhattisgarh ---- Respondents WPC No. 112 of 2019
1. Chhadamilal Chouksay Memorial Homoeopathy Medical College Hospital And Research Centre Through The Principal, Chhadamilal Chouksay Memorial Homoeopathy Medical College, Hospital And Research, Lalkhadan, Masturi Road, Bilaspur, District Bilaspur Chhattisgarh
2. Maharana Pratap Homoeopathy Medical College And Hospital Through The Director, Maharanapratap Homoeopathy Medical College And Hospital, Near Rishabh Enclave, Imlidih New Rajendra Nagar, Raipur District Raipur Chhattisgarh.
3. Raipur Homoeopathy Medical College And Hospital, Ramkund, Choubey Colony, Raipur Through The Principal, Dr. Mukund Pimple S/o Shri M.V. Pimple, Aged 44 Yrs. R/o Raipur Homoeopathy Medical College And Hospital, Ramkund, Choubey Colony, Raipur, District Raipur Chhattisgarh.
---- Petitioners Versus
1. Union Of India Through The Secretary, Ministry Of Health And Family Welfare, Department Of Ayurveda, Yoga And Naturopathy, Unani Siddha And Homoeopathy Ayush Vibhag, Ayush Bhavan B - Block, G.P.O. Complex, I.N.A.
New Delhi, P.S. New Delhi - 110023.
2. State Of Chhattisgarh Through The Secretary, To The Govt. Of Chhattisgarh, Health And Family Welfare Department Atal Nagar, Mahanadi Bhawan, Naya Raipur, P.S. Rakhi, Raipur Chhattisgarh
3. The Director Department Of Ayurveda, Yoga And Naturopathy, Unani Siddha And Homoeopathy (Ayush) Old Mantralaya Campus, Dks Bhawan, Raipur, P.S.
Moudahapara District Raipur Chhattisgarh
4. Central Council Of Homoeopathy Through The Secretary, Central Council Of Homoeopathy 61-65, Institutional Area Opp. D Block Janakpuri P.S. Janakpuri, New Delhi - 110058 ---- Respondents WPC No. 465 of 2019 • Shri Jug Mahadev Education Society (A Society Registered Under The Chhattisgarh Societies Registrakaran Adhiniyam 1973) Through Its Authorized Person Ghanshyam Sahu S/o Shri M.R.Sahu Aged About 39 Years Pulgaon Chowk ,police Station Pulgaon ,district Durg Chhattisgarh ---- Petitioner Versus
1. Union Of India Through The Secretary Ministry Of Ayurved Yoga And Naturopathy Unani ,siddha ,and Homeopathy (Ayush), Ayush Bhawan ,b -Block GPO Compalex Ina New Delhi 110023
2. Central Council Of Indian Medicine Through The Secretary ,61-65 , Institutional Area ,opposite D ,block Janakpuri ,new Delhi 110058
3. State Of Chhattisgarh Through The Secretary Department Of Health ,family Welfare And Medical Education Mahanadi Bhawan Mantralaya Post And Police Station Mandir Hasaud Atal Nagar Raipur Chhattiisgarh
4. Ayush And Health Science University Through The Registrar Ge Road ,raipur District Raipur Chhattisgarh.
5. Directorate Ayurveda Yoga And Naturopathy Uanani Siddha And Homeopathy (Ayush ) Chhattisgarh Through The Director Raipur Chhattisgarh ---- Respondents For respective Petitioners : Shri Prafull N. Bharat, Shri V.R. Tiwari and Shri Anurag Dayal Shrivastava, Advocates For Respondent Union of India : Shri B. Gopa Kumar, ASG For Respondents/State : Shri Alok Bakshi, Addl. AG Hon'ble Shri Justice Goutam Bhaduri
CAV Order
(Judgment Reserved on 26.04.2019) (Judgment Delivered on 07.05.2019)
1. All the cases are heard together as common question of law has been agitated and are under challenge.
2. Challenge in these writ petitions are to the notification dated 11.06.2018 issued by the Government of India, wherein the qualification percentile marks have been prescribed to get admission in the Ayurvedic, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) under Graduate Courses. Whereas the Rules framed under the relevant Acts for admission to Ayurvedic and Homeopathic course prescribe different qualifications.
3. The present petitions are concerned with the admission in the Bachelor of Ayurvedic Medicine and Surgery (BAMS) and Bachelor of Homeopathic Medicine and Surgery (BHMS).
4. Learned counsel for the petitioners would submit that the qualification to get admission in Ayurvedic course earlier to the holding of the NEET was governed by the Indian Medicine Central Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986. It is stated that in such notification qualifying marks to get admission in AYUSH, which includes the admission in BHMS courses was prescribed as 50% aggregate marks in the subjects of physics, Chemistry and Biology and for reserved category of physically handicapped students in 10+2 the relaxation was allowed. It is stated that in the year 2018 a communication dated 23.01.2017 was made, wherein the Central Government directed that the admission in the AYUSH/Ayurvedic degree to be carried out on the basis of merit list of National Eligibility cum Entrance Test (NEET). It is stated that further the correction was made to the date of application and it was corrected to be 23.01.2018. They would further submit that pursuant to such direction, the State Government has issued a notification in the paper on 21.02.2018 and in all such advertisements and notifications no cut off percentile marks was prescribed as a qualifying marks to be admitted in all AYUSH Courses. Learned counsel further submit that according to the chronological events it would show that on 23.01.2018 the Central Government issued the direction to select the AYUSH students on the basis of NEET result, it was further followed by the State Government by advertisement on 21.02.2018 and the NEET was conducted on 6.05.2018.
5. It is contended that the Union of India on 11.06.2018 issued a notification, therefore the rule of game was changed after the game was over i.e. the Exam. It is further stated that in view of such circumstances clarification was also sought from CBSE asking as to whether the NEET undergraduate course for the 2018 was also held for BAMS/BHMS. In reply to such query the CBSE, who conducted the examination replied that the NEET examination was for the admission only in MBBS/BDS courses alone. They would further submit that therefore, the qualification which was subsequently introduced of 50 percentile marks to be obtained in NEET on 11.06.2008 cannot be made applicable to the student seeking admission to the course of BAMS/BHMS. The reference was made to the two orders one is passed by the Supreme Court in Civil Appeal No.1393 of 2019 {Association of Managements of Homeopathic Medical Colleges of Maharasthra Versus Union of India & ors.} on 1st of February, 2019. Further reference was made by this Court in WPC No.914/2018 between Dr. Ravikant Singh Rathore & anr. Vs. State of Chhattisgarh & ors. and contended that in the likewise situation the Division Bench of this Court has held that if the criteria of the eligibility was changed subsequent to the examination, it cannot be made applicable to the students, who already appeared in examination.
6. Shri Anurag Dayal Shrivastava, learned counsel for the petitioner in WPC No.112 of 2019 would submit that the petitioner do not want to press into motion the relief claimed in respect of letter dated 12th of February, 2018 as made in prayer 10.1. It is contended that since th
