SUDHIR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the six petitioners in this writ application have obtained G.A.M.S. degrees from State Faculty of Ayurvedic and Unani Medicines (hereinafter referred to as the 'State Faculty') established under Section 17 of the Bihar Development of Ayurvedic and Unani System Act of 1951 (hereinafter referred to as the Act of 1951). They have prayed, in this writ application filed under Article 226 of the Constitution of India, to quash the letters dated 11-8-1998 (Annexure 5 series) issued by respondent No. 2 Head of the Department-cum-Convenor, Post-graduate Admission Committee, Post-graduate Department, Govt. Ayurved College, Patna by which the admission committee has rejected the applications of the petitioners for appearing in an examination for admission in Post-graduate course in Ayurved leading to award of Doctor of Medicine degree in Ayurved. The petitioners have further sought a declaration that the respondents may be directed to treat the petitioners eligible for admission in Post-graduate course of Ayurved System of Medicine, on the ground that G.A.M.S. degree granted by the Faculty is till date a degree recognized by the Indian Medicine Central Council Act, 1970 (hereinafter referred to as the Act of 1970) and accordingly they have further prayed to direct the respondents to allow the petitioners to appear in the examination to be held on 30-8-1998

(2.) This writ application was filed on 27-8-1998 but no interim order was passed to allow the petitioners to take the examination which is apparently over. However, this case was admitted on 26-10-1999 and taking into consideration the nature of the case and the issue involved which may affect a number of persons who were provided with G.A.M.S. degree, the matter was ordered to be heard on priority basis and has been heard accordingly.

(3.) The case of the petitioners is very simple. Without giving any details as to from which institutions they completed their course of study for the G.A.M.S. degree, the petitioners have pleaded that they passed the G.A.M.S. examination conducted by the Faculty under the 1951 Act and were granted certificates and conferred degrees, for the G.A.M.S. course by the Faculty. Their further cases is that the Central Act of 1970 provides, for recognition of medical qualifications granted by certain medical institutions in India which are included in the II Schedule and as per Section 14 of 1970 Act, all such medical qualifications granted by any university, board or other medical institution in India shall be recognized medical qualifications for the purposes of this Act. IInd Schedule to the Act of 1970 contains statewise entries and entry Nos. 6 to 9A relate to institutions/universities of Bihar. As per entry No. 6 the G.A.M.S. degree granted by the Faculty is a recognized degree from 1953 onwards. The petitioners case is that since their degree is recognized under the Act of 1970, hence the respondents are obliged to accept and honour the said recognition and permit them to take the examination for admission into Post-graduate courses.