BANSHPATI PRASAD Vs. PRINCIPAL GOVERNMENT AYURVEDIC COLLEGE

JUDGEMENT

(1.) IN this writ petition, petitioner has prayed for the relief for quashment of the order (P/14) cancelling the admission in MD Ayurvedic on the ground that he has not passed Pre-Ayurvedic examination in first attempt. Petitioner has also prayed for other consequential reliefs.

(2.) IT is averred in the petition that petitioner was admitted in Bachelor of Ayurvedic Medicine and Surgery (BAMS) course in the year 1984 and passed it without any break in first attempt in the year 1988. This a five years degree course as apparent from mark-sheets (P/1 to P/5 ). The course is prescribed by the Central Council of Indian Medicine as per the provision laid down in Bhartiya Chikitsa Kendriya Parishad Adhiniyam, 1970. Graduation course prescribed for BAMS is of five years commencing from 1st year and ending in final BAMS as prescribed by the Central Council of Indian Medicine, the petitioner has undergone that course. Pre-Ayurvedic course is not a part of graduation course of BAMS, but, is a qualifying criteria for admission to degree course. He has passed graduation course in first attempt which is the requirement of admission in MD course. Petitioner did his schooling in the old pattern of Class XI. There was no 10+2 system at the relevant time. Consequently, he was required to go additional one year of Pre-Ayurvedic course which was not part of graduation course of five years. Petitioner has relied upon the rules of PET and PMT for admission in BAMS in Ayurvedic Colleges which prescribes the duration of BAMS degree course to be five years.

(3.) AN advertisement (P/7) was published in which it was mentioned that the person applying for MP Course in Ayurvedic has to pass his BAMS examination in single attempt. Petitioner filed an application, he was given admission in MD Ayurvedic as per his merits in March/ 2003 and deposited the requisite admission fee of Rs. 20,935/- and started attending college. Shri Dinesh Pathak was also admitted, though he had passed BAMS in more than one attempt. Similarly Dr. Rajesh Kumar Malviya was admitted in MD course, he had also passed his BAMS in more than one attempt, but, that has been condoned by the order of the State Government which is evident from the return submitted by the State Government in W. P. No. 5971/2002 in the case of Dr. Raghvendra Prasad Tiwari v. State of M. P. and Ors. Prag-Ayurvedic i. e Pre-BAMS Examination was passed by the petitioner in supplementary examination, it was just a formal, course, not a degree course. After completing nine months, the Petitioner was told that he had not passed BAMS course in single attempt. Owing to the aforesaid reason treating Prag-Ayurvedic as part of BAMS Course, an order (P/l4) was passed. Hence, this petition was, preferred.