SANJIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 16015 of 1998 and 16016 of 1998. The facts have been taken from Civil Writ Petition No. 16015 of 1998.

(2.) The petitioners Sanjiv Kumar, obtained his Graduate Degree in Ayurveda from the institution known as the Examining Body Ayurvedic and Unani System of Medicine, Delhi (hereinafter called the Examining Body'). He, thereafter, took the Post Graduate Entrance Test for admission to the Three years M.D. (Ayurveda) -Course to be conducted at the Government Ayurvedic College, Patiala, respondent No. 4 starting in the year 1998. The petitioner in this and the connected writ petition qualified the test and were placed at merit position Nos. 1 and 2 respectively. The petitioner was, according, called for interview on 30th September, 1998, wherein a doubt was raised for the first time with regard to his eligibility to take the test and, thereafter to be admitted to the course and he was advised to bring evidence to show that his Graduate Degree had been recognised by the Central Council of Indian Medicine (hereinafter called the council'). The petitioner, accordingly, obtained a communication Annexure P-1 dated 5th October, 1998 from the Assistant Secretary (Registration) of the Council informing him that the degree awarded by the Examining Body had been included in the Second Schedule to the Indian Medicine Central Council Act, 1970 (hereinafter called 'the Act'), and as such, was a recognised medical qualification. The petitioner also filed a representation dated 7th October, 1998 Annexure P-2 before the representation dated 7th October, 1998 Annexure P-2 before the Vice Chancellor of the Punjabi University enclosing the letter Annexure P-1 therewith. It appears that the respondent-University was still not satisfied with the petitioner's information and he was directed to produce more evidence to show that the Degree in question stood recognised till 1992. On this, the Secretary of the Counsel informed the petitioner through a fax message dated 7th October, 1998 that the Graduate Degree issued by the Examining Body stood recognised from 1978 onwards and continued to remain recognised as such even in 1992. Despite this document, however, the respondent-University passed the order Annexure P-4 dated 8th October, 1998 declining admission to the petitioner on the ground that the University had not recognised the Graduate Degree issued by the Examining Body and as such, the degree was not considered equivalent to the Graduate Degree of the University. Aggrieved thereby, the petitioner has come to this Court impugning the order Annexure P-4.

(3.) Replies have been filed on behalf of respondent Nos. 1 and 4 - the State of Punjab, and the Government Ayurvedic College, Patiala and a second one by respondent Nos. 2 and 3 i.e. Punjabi University Patiala and the Admission Committee. In the reply filed by respondent Nos. 1 and 4, it has been pointed out that the Graduate Degree issued by the Examining Body had not been recognised by the Punjabi University as equivalent to the B.A.M.S. Degree of that University and as such, the petitioner was not eligible for admission to the Post Graduate Courses. The said respondents have also appended Annexure R-1/1 dated 8th October, 1998 with their reply, (the proceedings of the Admission Committee on that date) with regard to the petitioner's case in which it had been decided that the degree obtained by the petitioner could not be recognised by the University.