KIRTI RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE six writ petitions, raising common questions of facts and law, have been heard together and are being decided by this common judgtment.

(2.) ALL these writ petitions relate to admission in BAMS (Bachelor of Ayurvedic Medicine and Surgery) Course for the academic year 2011 -2012 in different Ayurvedic Colleges of State of U.P. (except Writ Petition No.48027 of 2013 which relates to academic year 2012 -13). In the above writ petitions, following Ayurvedic Colleges of the State of U.P. are involved: -

(3.) THE admission in BAMS Course in the State of U.P. is made on the basis of Combined Pre -Medical Test conducted by different Universities, as authorised by the State. The Bundelkhand University, Jhansi was authorised by the State Government to conduct the Combined Pre -Medical Test 2011. The admission to MBBS, BDS, BHMS, BAMS and BUMS courses is granted consequent to result of Combined Pre -Medical Test after counselling conducted by the Director General, Medical Education and Training, U.P. The Combined Pre -Medical Test for the academic year 2011 -2012 was conducted on 25th May, 2011 result of which was declared on 15th June, 2011 and counselling was scheduled to take place on 11th July, 2011. All the petitioners in these writ petitions had appeared in the Combined Pre -Medical Test 2011 (except petitioners of Writ Petition No.60738 of 2011 which is Management of the College and Writ Petition No.48027 of 2013 which relates to academic year 2012 -13) and after counselling they were allotted respective colleges for admission in BAMS course 2011. The petitioner -students, who were allocated different Ayurvedic Colleges, were permitted admission by respective colleges in BAMS course for the academic year 2011 -12 after deposit of requisite tuition fee and other fees. The colleges also started imparting studies to the students admitted in the BAMS course 2011 -12. The name of all the Ayurvedic Colleges, as noted above, involved in this group of writ petitions, were mentioned in the brochure of the Combined Pre -Medical Test 2011 as well as in the letter issued by the Director General, Medical Education and Training for conducting the counselling. Although the Director General, Medical Education and Training asked the details of recognition of the colleges but the Director, Ayurvedic Sewayein, U.P. informed that no orders have been received from CCIM (Central Council of Indian Medicines) for cancelling the recognition of any of the Government Ayurvedic Colleges. It appears that on the strength of the letter from the Director, Ayurvedic Sewayein and on the strength of inclusion of the said colleges in the counselling, the students were allocated different Government colleges for admission in BAMS course. The aforesaid counselling was undertaken and admission completed despite the fact that none of the Ayurvedic Colleges, which were all existing colleges, were granted permission by the Central Government as required under Section 13C of the 1970 Act. In fact, the Central Council of Indian Medicines had conducted inspection of the colleges and had found various shortcomings in the teaching faculty and infrastructures and had submitted its report to the Central Government. After the inspection, the Central Government intimated the shortcomings to the colleges and required the colleges to submit its representation and further to participate for hearing before the Designated Hearing Committee. The Designated Hearing Committee considered the representations submitted by the colleges representatives and after giving hearing, had sent its recommendation to the Central Government. The Central Government, after taking into consideration the inspection report of the CCIM and report of the Designated Hearing Committee, had declined permission to all the aforesaid colleges for the academic year 2011 -12. The report of the Designated Hearing Committee as well as the orders passed by the Central Government have been brought on the record which shall be referred to in detail while considering the respective submissions.