LAWS(ALL)-2021-11-37

LALIT CHAUDHARY Vs. UNION OF INDIA

Decided On November 29, 2021
Lalit Chaudhary Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(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.